Can I get unemployment if I was fired for calling in sick - NYS Department of Labor eligibility question
I got terminated last Friday from my retail job because I called out sick too many times according to my manager. I had the flu for 3 days in December and then got food poisoning last week. My supervisor said I exceeded their attendance policy and they had to let me go. I wasn't given any written warnings about my attendance before this happened. Can I still file for unemployment benefits with NYS Department of Labor or will they deny my claim because I was fired? I'm really stressed about paying my rent next month and need to know if I should even bother applying.
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Austin Leonard
You should definitely file for unemployment! Being fired for calling in sick, especially for legitimate medical reasons, usually doesn't disqualify you from benefits. NYS Department of Labor looks at whether you were fired for 'misconduct' and being genuinely ill isn't misconduct. When you file your claim, be honest about why you were terminated and emphasize that you were actually sick both times. Keep any documentation you have like doctor visits or pharmacy receipts.
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Sophie Duck
•Thank you! I do have receipts from CVS for flu medicine and my doctor visit. Should I upload those when I file online?
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Anita George
same thing happened to my cousin last year, she got approved for UI benefits even though she was fired for attendance. the key is that you were actually sick and not just skipping work
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Abigail Spencer
File immediately - don't wait. Your claim will likely go into adjudication since you were fired, but that's normal. NYS Department of Labor will investigate and contact both you and your employer. Be prepared to explain exactly what happened and provide any medical documentation. The fact that you weren't given written warnings actually works in your favor. Most legitimate illness-related terminations get approved eventually.
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Logan Chiang
•How long does adjudication usually take? I've been waiting 2 weeks already for mine and getting really anxious about bills.
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Abigail Spencer
•Adjudication can take 4-6 weeks unfortunately. If you need to speak with someone at NYS Department of Labor about your case status, I had success using Claimyr.com - they help you get through to an actual agent instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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Isla Fischer
I got fired for attendance issues too but mine was different - I was late a bunch of times because of my commute. That got denied because they said it was in my control. But being sick is totally different, you can't control getting the flu!
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Miles Hammonds
The NYS Department of Labor system is SO frustrating. They approve people who barely worked and deny people with legitimate reasons like illness. But definitely try anyway because the worst they can do is say no and you're already unemployed. Make sure you file your weekly claims even while it's in adjudication or you'll lose those weeks!
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Sophie Duck
•Wait, I have to file weekly claims even before they approve my initial claim? I thought I waited until they made a decision.
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Austin Leonard
•Yes, you must file weekly claims starting the week after you file your initial application, even during adjudication. If you don't file weekly claims, you can't get paid for those weeks even if your claim is eventually approved.
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Ava Garcia
I went through something similar last year - got fired for attendance due to a kidney stone episode that kept me out for several days. I was really worried about applying but decided to file anyway. NYS Department of Labor approved my claim after about 3 weeks of adjudication. The key things that helped me: I kept all my medical records organized, wrote a detailed explanation of what happened when I filed, and was completely honest during the phone interview they conducted. Don't let the fear of rejection stop you from applying - legitimate medical issues are usually not considered misconduct. Good luck!
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