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.

I work in HR and have seen cases like this go both ways with NYS Department of Labor. The fact that you received progressive discipline (two written warnings) actually shows your employer followed proper procedure, which can work against you. However, the underlying reasons for your tardiness matter enormously in the adjudication process. Childcare emergencies and vehicle breakdowns are considered "compelling circumstances" if you can demonstrate they were legitimate and beyond your control. Start gathering any evidence you can - repair receipts, childcare provider records, even bank statements showing daycare payments or car repairs. When you file your claim, be completely honest about the termination reason but emphasize the circumstances that led to the attendance issues. Even if initially denied, many attendance-related denials get overturned on appeal when claimants can present a clear pattern of circumstances beyond their control rather than willful disregard for work rules.

I'm in a very similar situation right now - got let go three weeks ago for attendance issues that were largely due to my elderly parent's medical appointments and my unreliable car. Reading through everyone's responses here gives me hope that I might still have a chance if I can document everything properly. I'm planning to file my claim this week and gather all the medical appointment records and repair receipts I can find. Has anyone had experience with NYS Department of Labor being understanding about eldercare responsibilities, or is it mainly childcare situations that they consider? I'm worried that caring for an aging parent might not be viewed the same way as childcare emergencies by the adjudicators.

I'm dealing with a similar situation right now and this thread has been incredibly helpful! I was terminated last week for attendance issues - mostly due to my public transportation being unreliable during the winter months and a few family emergencies. Reading everyone's experiences gives me confidence to file my claim even though I'm worried about the misconduct aspect. One question I have - for those who successfully appealed or got approved, how important was it to have witnesses or third-party verification of your circumstances? I have some text messages to family members about the train delays and one email to my supervisor about a family emergency, but I'm wondering if that's enough or if I need more formal documentation. Planning to file this week and start gathering everything I can find!

I went through this exact situation about 8 months ago - fired for chronic lateness due to a combination of childcare issues and car problems. Here's what I wish I had known from the start: even though it feels hopeless, you absolutely should file your claim immediately. NYS Department of Labor will initially look at it as misconduct, but the adjudication process is where you can really make your case. I gathered everything I could think of - repair receipts, text messages about childcare emergencies, even my bank statements showing daycare payments to prove I had legitimate responsibilities. The adjudicator spent about 20 minutes on the phone with me going through each incident, and I was able to explain the circumstances behind every single tardy arrival. What really helped was creating a timeline matching each attendance issue to the specific problem that caused it. Even though I didn't have formal documentation at work, I could show these were real circumstances, not just excuses. My claim was approved after the appeal. Don't give up before you even try - the system is designed to help people who face genuine hardships, not just punish everyone who gets fired.