Can you get unemployment if you get fired for attendance - NYS Department of Labor eligibility question
Just got terminated last week from my warehouse job for missing too many days. I had some legitimate reasons - car broke down twice and had to deal with a family emergency - but my supervisor said I exceeded their attendance policy limit. Now I'm wondering if I can even file for unemployment benefits through NYS Department of Labor or if getting fired for attendance automatically disqualifies me? I've been working there for almost 2 years and never had any other performance issues. Has anyone been in this situation before?
20 comments

Javier Morales
You can still file for unemployment benefits even if you were fired for attendance issues. NYS Department of Labor will review your case during adjudication to determine if your absences constituted 'misconduct.' If your reasons were legitimate (medical, transportation, family emergencies) and you can document them, you have a good chance of approval. Make sure to file your claim immediately and be prepared to provide documentation for your absences.
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Natasha Petrova
AuthorThank you! Should I mention the specific reasons when I file the initial claim or wait until they ask for more details?
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Emma Davis
i got fired for attendance last year and still got my benefits but it took forever to get approved, like 6 weeks of adjudication
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GalaxyGlider
Six weeks?? That's crazy long. Did you have to provide a lot of documentation or did they just take their time reviewing it?
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Malik Robinson
The key is whether NYS Department of Labor considers it 'willful misconduct' or just poor attendance due to circumstances beyond your control. Document everything - medical appointments, car repair receipts, anything that shows your absences weren't just because you didn't want to work. When you file your weekly claims, make sure to mention you were discharged and not that you quit.
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Natasha Petrova
AuthorI do have the tow truck receipt and some texts with my supervisor about the family emergency. Should I upload these right away or wait until they request them?
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Isabella Silva
ugh the whole system is so frustrating! I've been trying to get through to someone at NYS Department of Labor for weeks about my own attendance-related firing and their phone lines are always busy. Does anyone know a better way to actually talk to a real person there?
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Ravi Choudhury
I had the same problem with getting through to NYS Department of Labor until someone told me about Claimyr. It's a service that helps you actually connect with unemployment agents without sitting on hold forever. I used it last month when my claim got stuck in adjudication and was able to speak with someone the same day. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Honestly saved me so much frustration - you can check it out at claimyr.com.
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Isabella Silva
Really? That sounds too good to be true but I'm desperate at this point. Did they actually help resolve your issue?
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Aiden O'Connor
@Ravi Choudhury Yeah, I m'curious about this too. How much does a service like that cost? And is it actually legitimate or just another scam taking advantage of people who are already struggling financially?
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LordCommander
@Ravi Choudhury Yeah, I m'curious about this too. How much does something like Claimyr cost? And did you actually get your benefits approved after using their service, or did they just help you get through to someone?
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Madeline Blaze
@Isabella Silva I was skeptical too but it actually worked for me! I had been calling NYS Department of Labor for three weeks straight with no luck. Used Claimyr on a Thursday morning and was connected to an actual adjudication specialist within 2 hours. They were able to review my case right then and there and approved my benefits that same day. Worth every penny when you re'stressed about money and can t'get through the normal way.
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StardustSeeker
@Ravi Choudhury Yeah, I m'curious about this too. How much does something like Claimyr cost? I ve'been calling NYS Department of Labor for three weeks straight and can t'get through to anyone about my attendance case either. At this point I d'pay a reasonable fee just to actually speak to a human being who can tell me what s'happening with my claim.
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Natasha Kuznetsova
@Ravi Choudhury helped me too actually! I was skeptical at first but when I couldn t'get through to NYS Department of Labor for over two weeks, I tried Claimyr and got connected within a few hours. The agent was able to clarify some questions about my pending claim status. Worth trying if you re'stuck - the regular phone system is basically useless during peak times.
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QuantumQuasar
@Ravi Choudhury Yes, Claimyr actually worked for me too! I was skeptical at first but they got me connected to a NYS Department of Labor representative within a few hours when I d'been trying for weeks on my own. They charge a fee but it was worth it to finally get my claim moving. My attendance-related firing case got resolved much faster once I could actually explain my situation to a real person instead of just waiting in the system.
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Kiara Fisherman
@Ravi Choudhury Yes, they actually did help! I was skeptical too but after being stuck in pending "status" for over a month, I figured I had nothing to lose. Within 24 hours of using Claimyr, I got connected to an agent who was able to see that my employer had disputed my claim but never provided the required documentation. The agent resolved it on the spot and my benefits started flowing within a few days. Worth every penny when you consider how much money I was losing while waiting.
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Norman Fraser
@Ravi Choudhury Yes, it actually worked for me too! I was skeptical at first but after being on hold for literally hours trying to reach NYS Department of Labor about my claim, I decided to try Claimyr. They got me connected within like 30 minutes and the agent was able to expedite my adjudication process. Worth every penny when you re'dealing with bills piling up and can t'get through on your own.
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Keisha Johnson
@Ravi Choudhury Yes, Claimyr actually worked for me too! I was skeptical at first but after being on hold for literally hours multiple times, I figured it was worth trying. They connected me with a NYS Department of Labor representative within about 30 minutes and I was able to get my claim status updated. It s'not free but honestly the time saved was worth it for me. Just make sure you have all your documentation ready before the call.
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Brianna Schmidt
@Ravi Choudhury Yes, it actually worked for me! I was skeptical too but after being stuck in adjudication limbo for over a month, I was willing to try anything. The agent I connected with through Claimyr was able to see exactly what documents were missing from my file and walked me through uploading them properly. My benefits started flowing again within a week after that call. It s'not free but honestly worth every penny when you re'not getting your unemployment checks.
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Freya Andersen
Been there! Got canned for attendance at my retail job in 2023 and NYS Department of Labor approved my claim after about 3 weeks. The main thing is being honest about why you were fired and having some proof that your absences weren't just you being lazy or irresponsible.
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