Can I get unemployment if I get fired for not having a babysitter - NYS Department of Labor eligibility question

This is actually a complex situation when it comes to NYS Department of Labor eligibility. Generally, if you're fired for misconduct you can be disqualified from receiving benefits. However, childcare issues might not always be considered misconduct depending on the circumstances. The key question is whether your employer considers this willful misconduct or just inability to maintain work schedule due to circumstances beyond your control. You should definitely file for unemployment if you do get terminated - let NYS Department of Labor make the determination rather than assuming you're not eligible.

I went through something similar last year. Got fired from my warehouse job for missing too many days when my daycare closed unexpectedly. NYS Department of Labor initially denied my claim saying it was misconduct, but I appealed and won. The key was showing that I tried to find alternative childcare and that it wasn't just me being irresponsible. I had to provide documentation of my attempts to find backup care. The whole process took about 6 weeks but I did eventually get my benefits.

honestly this whole system is messed up... you get penalized for being a responsible parent but if you left your kid alone and something happened they'd probably try to charge you with neglect. damned if you do damned if you dont

Before you get to the point of filing for unemployment, have you talked to your HR department about FMLA or any other family leave options? Some companies have emergency childcare assistance programs too. It might be worth having a conversation with your manager about the situation and see if there's any flexibility while you're finding new childcare. If you do end up getting terminated and need to contact NYS Department of Labor about your claim status, I've heard good things about using Claimyr to actually get through to someone on the phone. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Might be helpful if you run into issues with adjudication or need to explain your circumstances to an actual person.

Wait I'm confused about something... if you get fired can you still get unemployment?? I thought you could only get it if you got laid off or the company closed down. This is all news to me.

I'm so sorry you're going through this - it's such a stressful situation. I went through something similar when my daycare suddenly shut down due to COVID. One thing that helped me was documenting everything - save all your texts/emails showing you're actively looking for childcare, keep records of your search efforts, and if possible, see if you can get a written statement from your old babysitter about why they had to leave. Also, before it gets to termination, you might want to ask your manager if there's any way to work out a temporary modified schedule or if they know of any emergency childcare resources. Some retail chains have employee assistance programs that can help with temporary childcare funding. If you do end up having to file for unemployment, be completely honest about the situation and emphasize that you're a reliable employee who's dealing with an unexpected childcare emergency, not someone who's chronically absent. The NYS Department of Labor will look at the whole context of your situation.

I'm going through almost the exact same thing right now - my daycare provider quit with zero notice and I'm scrambling to find someone reliable. What really helped me was reaching out to local Facebook mom groups and Nextdoor to see if anyone had emergency babysitter recommendations. I also called 211 (New York's helpline) and they gave me a list of emergency childcare resources I didn't even know existed. Some of them offer temporary care while you're searching for permanent solutions. It might buy you some time to keep your job while you figure things out. And definitely start documenting everything now - screenshot your job postings on care.com, save emails from potential sitters, everything. Even if you don't end up needing unemployment, having that paper trail shows you're being proactive about solving the problem.

I'm really sorry you're dealing with this - childcare emergencies are so stressful and it feels like there's no good option. I've been in similar situations and what helped me was being proactive with my employer about communication. Have you considered writing a brief email to your manager explaining the situation and your specific plan to resolve it? Something like "I understand the attendance concerns and I'm actively working to secure new childcare. I have interviews scheduled with three potential babysitters this weekend and expect to have coverage by [specific date]." This shows you're taking it seriously and aren't just hoping the problem goes away. Also, many retail stores are short-staffed right now, so your manager might be more willing to work with you if they see you're genuinely trying to fix the situation rather than just calling out indefinitely. Even if you do end up getting terminated, having that email trail showing you communicated about the issue and had a resolution plan could really help your unemployment case.

I feel for you so much - this is such an impossible situation that so many working parents face. One thing I learned when I was dealing with childcare issues is that you might want to look into whether your state has any emergency childcare voucher programs. New York sometimes has emergency assistance for working parents through their social services department. Also, some churches and community centers offer drop-in childcare even if you're not a member - it might be worth calling around to see what's available in your area for temporary solutions. If you do end up getting terminated, definitely appeal if NYS Department of Labor initially denies your claim. From what I've seen, they're more likely to approve benefits on appeal when you can show you were actively trying to resolve the childcare issue and that it was truly beyond your control. Keep every text message, email, and record of your search efforts - that documentation will be crucial if you need to prove you weren't just being irresponsible.