Can you get NYS Department of Labor unemployment for attendance issues?
I got fired last week for attendance problems at my job. I had some legitimate health issues that caused me to miss work but didn't have FMLA paperwork filed. My supervisor said they had to let me go due to our attendance policy. Now I'm wondering if I can still file for unemployment benefits through NYS Department of Labor or if being fired for attendance automatically disqualifies me? I really need the income while I look for another job.
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Saleem Vaziri
You can definitely file for unemployment even if you were terminated for attendance. NYS Department of Labor will review your case during adjudication to determine if your attendance issues constitute misconduct. If you had legitimate reasons like health problems, that could work in your favor. Make sure to mention any medical documentation you have when you file your claim.
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Lindsey Fry
•Thanks! I do have some doctor's notes from when I was sick. Should I upload those when I file my initial claim or wait until they ask for them?
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Kayla Morgan
I went through something similar last year. Got fired for missing too many days but it was because my kid kept getting sick from daycare. NYS Department of Labor approved my claim after about 3 weeks of adjudication. The key is being honest about why you missed work and having any documentation to back it up. Don't lie on your application - they'll find out.
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James Maki
•Wait really? I thought attendance was considered misconduct automatically. How did you prove it wasn't your fault?
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Kayla Morgan
•I had daycare records showing when my daughter was sent home sick and doctor visits. NYS Department of Labor said it wasn't willful misconduct since I was dealing with family emergencies beyond my control.
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Jasmine Hancock
ugh the unemployment system is so confusing!! I've been trying to call NYS Department of Labor for weeks about my own claim and can never get through. The hold times are ridiculous and half the time I get disconnected after waiting an hour. There's gotta be a better way to reach these people.
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Cole Roush
•I had the same problem until someone told me about Claimyr. It's this service that helps you get through to NYS Department of Labor agents by phone. You can check it out at claimyr.com - they even have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
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Scarlett Forster
Just file your claim and see what happens. The worst they can do is deny it and then you can appeal if you think they're wrong. I know people who got approved for attendance issues and others who got denied for the same thing. It really depends on your specific situation and how good your documentation is.
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Arnav Bengali
Being fired for attendance doesn't automatically disqualify you but it does make things more complicated. During the adjudication process, NYS Department of Labor will contact both you and your employer to get the full story. Your former employer will probably argue it was misconduct, so you need to be prepared to explain your side clearly. Document everything and be ready to provide medical records if health was a factor.
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Amelia Dietrich
I'm new to this whole unemployment process but wanted to share what I learned from a friend who works in HR. She told me that NYS Department of Labor looks at whether your attendance issues were "willful" or due to circumstances beyond your control. If you have medical documentation showing you were genuinely ill, that's definitely not willful misconduct. Also, make sure to file your claim as soon as possible - there are time limits and you don't want to miss out on benefits you might be entitled to. The adjudication process can take a few weeks, but it's worth going through if you have legitimate reasons for your absences.
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Genevieve Cavalier
•This is really helpful advice! I'm dealing with a similar situation right now - got let go for missing work due to some family emergencies. I didn't realize that NYS Department of Labor distinguishes between willful misconduct and circumstances beyond your control. That gives me hope that my case might be viewed more favorably. Quick question though - when you mention filing "as soon as possible," do you know what the actual deadline is? I was terminated about a week ago and want to make sure I don't miss any important timeframes.
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