Can you get unemployment for being fired for attendance issues in NYS?
I was terminated last month after missing too many days due to my kid getting sick constantly this winter. My employer said it was for 'excessive absenteeism' but I had legitimate reasons each time and tried to call in when possible. I know being fired usually disqualifies you but does NYS Department of Labor consider the circumstances? Has anyone successfully gotten UI benefits after being fired for attendance? I really need to know if it's worth applying or if I'll just get denied automatically.
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Omar Hassan
Yes, you can potentially get unemployment even if fired for attendance, but it depends on whether NYS Department of Labor determines it was 'misconduct.' If you had legitimate reasons like sick children and followed company policy for calling in, that might not be considered willful misconduct. You should definitely apply - the worst they can say is no, and you can always appeal if denied.
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Freya Pedersen
AuthorThanks! I did try to follow their call-in policy but sometimes couldn't call until after my shift started because I was dealing with emergency room visits. Do you think that matters?
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Chloe Anderson
I got approved after being fired for attendance issues last year. The key is showing you had good cause for the absences and weren't just skipping work. Document everything - doctor visits, school calls about sick kids, any communication with your employer. NYS Department of Labor will investigate and may contact your former employer, so make sure you're honest about everything on your application.
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Diego Vargas
How long did the investigation take? I'm in a similar situation and worried about how long I'll be waiting for a decision.
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Chloe Anderson
Mine took about 3 weeks total. They called my employer and asked for documentation, then made their decision. Just keep filing your weekly claims even while it's under review.
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CosmicCruiser
honestly the whole system is a joke. they'll deny you for anything these days and make you jump through hoops just to get benefits you paid into. but yeah technically you can get UI if they can't prove it was willful misconduct. just be prepared for a fight
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Freya Pedersen
AuthorThat's what I'm worried about. I can't afford to wait months for an appeal if they deny me initially.
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Anastasia Fedorov
I had a nightmare trying to reach NYS Department of Labor when my claim went into adjudication for a similar firing situation. Spent weeks calling and getting nowhere until someone told me about claimyr.com - it's a service that helps you actually get through to speak with a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Honestly saved me so much frustration when I needed to explain my circumstances directly to an agent.
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Sean Doyle
Never heard of that but might be worth trying if I get stuck. The regular phone lines are impossible.
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Zara Rashid
wait so if you get fired you can still get unemployment?? i thought that was automatic disqualification. this is confusing
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Omar Hassan
No, being fired doesn't automatically disqualify you from UI benefits. It depends on the reason. If it's for misconduct, then yes you'll be denied. But if it's for performance issues, attendance due to legitimate reasons, or other non-misconduct reasons, you may still qualify.
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Diego Vargas
Apply ASAP regardless. Even if you think you might get denied, the sooner you apply the sooner the process starts. And if you do get approved, your benefits will be backdated to when you first became eligible. Don't wait around wondering - just file the claim online and let NYS Department of Labor make the determination.
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CosmicCaptain
I went through something similar when I was fired for attendance issues related to my chronic health condition. The key thing that helped me was keeping detailed records of all my absences - doctor's notes, hospital discharge papers, even screenshots of texts to my supervisor. NYS Department of Labor really does look at the circumstances. In my case, they determined it wasn't misconduct because I had legitimate medical reasons and was following FMLA guidelines. The process took about 4 weeks total, but I was approved. My advice is to apply immediately and be completely honest about everything. Also, make sure you mention if you tried to work with HR on accommodations or if there were any family medical leave policies you were following. Good luck!
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