Can you get unemployment for being fired for attendance issues in NYS?

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.

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.

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

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.

wait so if you get fired you can still get unemployment?? i thought that was automatic disqualification. this is confusing

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.

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!

I was in almost the exact same situation - fired for attendance issues due to my kids getting sick constantly. I applied for UI benefits even though I was scared they'd automatically deny me. Turns out NYS Department of Labor approved my claim after about 5 weeks of review. The key things that helped me were: 1) I kept all the medical documentation from doctor visits and urgent care trips, 2) I showed them my text messages to my supervisor when I called out, and 3) I documented that I tried to make up hours when possible. They determined it wasn't willful misconduct since I had legitimate family emergencies and wasn't just being negligent. Don't let fear stop you from applying - you've already paid into the system and deserve a fair review of your situation. File your claim today and keep documenting everything while you wait for their decision.

I went through this exact situation two years ago when I was fired for attendance issues while caring for my elderly mother who had multiple medical emergencies. Like others have said, being fired doesn't automatically disqualify you - it all comes down to whether NYS Department of Labor considers it "misconduct." In my case, they approved my benefits because I could prove the absences were due to legitimate family emergencies and I had followed company protocol for calling out. The investigation took about 6 weeks, which was stressful, but I kept filing my weekly claims during that time as instructed. My biggest advice is to gather every piece of documentation you have - medical records, communication with your employer, anything that shows you weren't just skipping work. Also, when they interview you (they likely will), be completely honest about the timeline and circumstances. They really do look at each case individually, so don't let anyone discourage you from applying. You've paid into this system and deserve a fair review of your situation.

I was actually fired for similar attendance issues last year - had to miss work frequently because my daughter has chronic asthma and kept having flare-ups that required emergency visits. I was terrified to apply for unemployment because I thought being fired automatically meant no benefits, but several people on forums like this encouraged me to try anyway. Best decision I made! NYS Department of Labor approved my claim after about 4 weeks of review. The investigator who called me was actually very understanding when I explained the medical situation and showed that I had documented everything properly. My advice: apply immediately, keep detailed records of all your medical visits/emergencies, and save any texts or emails where you notified your employer about the absences. Even if you couldn't call before your shift sometimes due to ER visits, that's understandable - just be honest about the timeline when they interview you. The system isn't perfect but they really do evaluate each case based on the specific circumstances. You've got nothing to lose by applying!

I was in a very similar situation about 8 months ago - fired for attendance issues while dealing with my mom's cancer treatments. I had to miss work for chemo appointments and emergency hospital visits, and even though I tried to give notice when possible, sometimes things happened suddenly and I couldn't call until after my shift had already started. My employer cited "excessive absenteeism" but NYS Department of Labor approved my claim after reviewing all the medical documentation I provided. The key was showing that my absences were due to legitimate family medical emergencies, not just skipping work. I submitted copies of all medical records, appointment confirmations, and saved every text message I sent to my supervisor explaining the situation. The investigation took about 5 weeks, but they determined it wasn't misconduct since I had valid reasons and was trying to follow company policy when circumstances allowed. Don't let anyone discourage you from applying - you've paid into this system and deserve consideration of your specific situation. File your claim today and start gathering all your documentation. Even the times you couldn't call before your shift due to ER visits will be understandable to the investigator when you explain the circumstances honestly.

I was fired for attendance issues about 6 months ago when my partner was going through treatment for a serious medical condition. I had to miss work frequently for doctor appointments and hospital stays, and sometimes couldn't call in advance when emergencies happened. I was terrified to apply for UI benefits because I thought being fired meant automatic denial, but I'm so glad I did! NYS Department of Labor approved my claim after about a month of review. The investigator was very thorough - they asked about my communication with my employer, reviewed all the medical documentation I provided, and ultimately determined that caring for a seriously ill family member didn't constitute willful misconduct. My advice is to apply immediately and don't let fear hold you back. Document everything you can - medical records, texts to your supervisor, emails about your situation. Even when you couldn't call before your shift due to ER visits, that's completely understandable given the circumstances. The system is designed to help people in legitimate hardship situations like yours. You've contributed to unemployment insurance through your paychecks, so you deserve a fair evaluation of your case!

I'm in a really similar situation right now - just got fired last week for missing too many days when my elderly father had a series of medical emergencies. Reading through everyone's experiences here is giving me so much hope! I was convinced that being fired automatically meant no unemployment benefits, but it sounds like NYS Department of Labor really does look at the specific circumstances. I've been documenting everything - hospital admissions, doctor notes, my texts to HR when I had to leave work suddenly - but I was still scared to apply thinking it would be pointless. All these success stories from people who got approved after being fired for legitimate family medical reasons are exactly what I needed to hear. I'm going to file my claim this week and stop letting fear hold me back. Thank you all for sharing your experiences - it makes such a difference to know others have been through this and came out okay!

I'm going through this exact situation right now - got fired three weeks ago for attendance issues while dealing with my toddler's recurring ear infections that kept landing us in urgent care. I've been paralyzed with fear about applying because I thought being fired was an automatic disqualification, but reading all these success stories is incredibly encouraging! It's amazing to see how many people have been approved by NYS Department of Labor after being fired for legitimate family medical emergencies. I have all my documentation ready - urgent care visit records, prescription receipts, texts to my manager explaining the situations - but I've been too scared to submit my application. Everyone's advice about applying immediately and being completely honest about the circumstances really resonates with me. I think I've been overthinking this and letting fear prevent me from accessing benefits I've rightfully earned. Thank you all for sharing your experiences - knowing that others have successfully navigated this process gives me the confidence to file my claim today!

I was fired for attendance issues about a year ago when my husband was battling cancer and needed me for treatments and recovery. I was absolutely convinced I'd be denied since I was terminated, but I applied anyway after reading similar stories online. NYS Department of Labor approved me after a thorough 6-week investigation! The key was having documentation - I saved every medical appointment confirmation, hospital discharge paper, and text message I sent to my supervisor. Even though there were times I couldn't call before my shift because we were in the ER or dealing with sudden complications, the investigator completely understood when I explained the circumstances honestly during my phone interview. What really helped was showing that I wasn't just skipping work - I was dealing with genuine family medical emergencies that anyone would prioritize over their job. Don't let fear stop you from applying! You've been paying into unemployment insurance with every paycheck, and situations like caring for sick children are exactly what it's designed to help with. File your claim today and gather every piece of documentation you have. The worst they can say is no, but based on what you've described, you have a strong case for approval.