Can you collect unemployment if you are fired for cause - NYS Department of Labor eligibility?
My employer terminated me last month citing 'misconduct' after I was late to work several times due to childcare issues. They're claiming it was for cause and I'm worried this means I can't get unemployment benefits. Has anyone dealt with NYS Department of Labor when fired for cause? I really need these benefits to support my family while I look for work. The termination letter mentions attendance policy violations but I tried to communicate with my supervisor about the situation.
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Mei Wong
Being fired for cause doesn't automatically disqualify you from NYS Department of Labor benefits. They'll review your case during adjudication to determine if your actions constitute 'misconduct' under their definition. Simple attendance issues often don't rise to the level of disqualifying misconduct, especially if you had legitimate reasons. File your claim immediately and provide your side of the story when they contact you.
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Jamal Washington
•Thank you! Should I mention the childcare situation when I file? I documented all my communications with my supervisor about needing flexibility.
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Liam Fitzgerald
same thing happened to me and i still got benefits after they investigated. took like 6 weeks though for them to decide
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Jamal Washington
•Six weeks?? I can't wait that long for a decision. Did you have to keep filing weekly claims during the investigation?
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Liam Fitzgerald
•yeah you have to keep filing or you lose weeks. pain in the butt but worth it when it comes through
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PixelWarrior
NYS Department of Labor distinguishes between simple rule violations and willful misconduct. Being late due to childcare issues typically isn't considered willful misconduct, especially if you communicated with your employer. During the adjudication process, they'll contact both you and your former employer for statements. Make sure you have documentation of your communications about the childcare situation ready.
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Amara Adebayo
•I had a similar situation where I couldn't reach anyone at NYS Department of Labor for weeks during my adjudication. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my case resolved quickly.
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Giovanni Rossi
THE SYSTEM IS RIGGED! They always side with employers initially. I was fired for 'attitude problems' which is completely subjective but still had to go through months of appeals. Document EVERYTHING and don't trust what your employer tells you about your eligibility.
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Fatima Al-Mansour
•That's really frustrating but every case is different. The good news is that NYS Department of Labor does approve many claims even when employers contest them.
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Fatima Al-Farsi
I went through this exact situation with NYS Department of Labor about two years ago. Was terminated for "excessive tardiness" but it was due to my elderly mother's medical appointments that I had to coordinate. The key thing is to file your claim immediately - don't wait! When they do the phone interview (usually within 2-3 weeks), be completely honest about the childcare situation and emphasize that you tried to work with your employer. I brought up how I attempted to communicate and find solutions. They ended up approving my claim because tardiness due to legitimate family care responsibilities isn't considered willful misconduct under NY law. The process took about 4 weeks total, but I got back pay for all the weeks I was eligible. Stay persistent and keep documenting everything!
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