Can I get unemployment if fired for attendance issues - NYS Department of Labor eligibility question
Just got terminated from my retail job last week for attendance problems. I had some issues getting to work consistently due to transportation problems and childcare falling through a few times. My manager documented everything and said it was for excessive absences. Does anyone know if NYS Department of Labor will approve my claim or will they deny it since I was fired? I really need the benefits while I look for something new.
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Elijah Jackson
It depends on whether NYS Department of Labor considers it misconduct. Attendance issues can go either way - if you had valid reasons like transportation or childcare that were beyond your control, you might have a case. Did you notify your employer about these issues beforehand? The key is whether they view it as willful misconduct or circumstances beyond your control.
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Isabella Martin
•I did tell my supervisor about the childcare issues but not really about transportation. Some days I just couldn't make it in time because the bus was late or didn't show up.
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Sophia Miller
filed for UI after getting fired for attendance last year and got approved, but it took forever to get through adjudication. they had to investigate whether it was misconduct or not
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Isabella Martin
•How long did the adjudication take? I'm worried about how I'll pay rent if this drags on for weeks.
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Sophia Miller
•took about 6 weeks for them to make a decision. was stressful but worth it when they finally approved
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Mason Davis
You should file your claim right away regardless. NYS Department of Labor will conduct an investigation and interview both you and your former employer. Be honest about the circumstances and provide documentation if you have it - like proof of childcare issues or transportation problems. Even if attendance was a problem, if it wasn't willful misconduct you may still qualify.
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Mia Rodriguez
•This is good advice. I've seen cases where people got approved even after attendance terminations because the reasons were legitimate hardships. The worst that happens is they deny it and you can appeal.
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Jacob Lewis
I'm going through something similar right now! Got fired for missing too many days when my car broke down and couldn't afford to fix it right away. My claim has been in adjudication for 3 weeks now and I'm going crazy waiting. Did you already file or are you still thinking about it?
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Isabella Martin
•Haven't filed yet, was trying to figure out if it's even worth it. Sounds like I should just go ahead and apply. Good luck with your case!
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Elijah Jackson
•Definitely file. Even if you're unsure about eligibility, let NYS Department of Labor make that determination. You can't get benefits you don't apply for.
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Amelia Martinez
Had a friend who got fired for attendance and couldn't reach anyone at NYS Department of Labor for weeks to check on her claim status. She ended up using some service called Claimyr that helped her get through to an actual agent. Think it was claimyr.com or something. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into issues getting through to them.
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Mason Davis
•I've heard good things about services like that. Sometimes it's the only way to actually talk to someone when the phone lines are jammed.
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