Can I get unemployment if I was fired for being late - NYS Department of Labor rules?

Unfortunately, chronic tardiness is typically considered misconduct by NYS Department of Labor standards, which would disqualify you from receiving benefits. However, the key factor is whether your employer can prove it was willful misconduct versus circumstances beyond your control. If you had legitimate reasons like childcare issues, you might have a case during the adjudication process. You should still file your claim - let NYS Department of Labor make the determination rather than assuming you're disqualified.

same thing happened to my brother last year, he was late too many times and got fired. nysdol denied his claim initially but he appealed and won because he could prove his lateness was due to his kid's medical appointments. you have to show it wasn't your fault

I had success with a similar situation using Claimyr to get through to an actual NYS Department of Labor agent when my claim went to adjudication. The automated system kept giving me generic responses about misconduct, but speaking to a real person let me explain the circumstances behind my attendance issues. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me avoid the endless phone tree nightmare.

The unemployment system is so backwards! They expect people to be perfect employees but then when life happens - sick kids, transportation issues - they act like it's your fault. I've been fighting NYS Department of Labor for months over a similar situation. Document everything you can remember about why you were late and be prepared for a long fight.

Were you given any warnings or chances to improve your attendance? NYS Department of Labor looks at whether your employer followed progressive discipline. If they just fired you without warning, you might have a better chance. Also, the specific wording in your termination paperwork matters - 'attendance issues' might be viewed differently than 'willful misconduct' or 'insubordination.

definitely file anyway! worst case they say no and you appeal. i know someone who got approved after being fired for attendance because she had documentation from her doctor about her condition causing the issues

I went through something similar about a year ago - got fired for attendance issues due to ongoing childcare problems. Here's what I learned: NYS Department of Labor will consider whether the circumstances were within your control or not. The fact that you had legitimate reasons like childcare and car trouble could work in your favor, but you'll need to be able to explain and potentially prove these circumstances during the adjudication process. Even without prior documentation to HR, you can still gather evidence now - maintenance records for your car, childcare provider statements, etc. The key is showing these weren't frivolous reasons but genuine obstacles. File your claim immediately - the worst they can do is deny it, and then you can appeal with more detailed documentation of your circumstances.