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?
10 comments
Join the conversation
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.
0 coins
Natasha Petrova
•Thank you! Should I mention the specific reasons when I file the initial claim or wait until they ask for more details?
0 coins
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
0 coins
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?
0 coins
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.
0 coins
Natasha Petrova
•I 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?
0 coins
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?
0 coins
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.
0 coins
Isabella Silva
•Really? That sounds too good to be true but I'm desperate at this point. Did they actually help resolve your issue?
0 coins
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.
0 coins