Can you get unemployment if you get fired for attendance issues - NYS Department of Labor eligibility?
My supervisor just terminated me yesterday for excessive tardiness over the past two months. I was late maybe 8-10 times because of childcare issues with my babysitter constantly canceling last minute. HR said it was job abandonment but I never missed full days, just showed up 15-30 minutes late. Can I still file for unemployment benefits with NYS Department of Labor or does getting fired for attendance automatically disqualify me? I'm really stressed about paying my rent next month.
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Aaliyah Reed
You can definitely apply for unemployment even if you were fired for attendance. NYS Department of Labor doesn't automatically disqualify you just because you were terminated. The key question is whether your attendance issues constitute 'misconduct' under their guidelines. Being late due to childcare problems might not qualify as willful misconduct, especially if you can document the babysitter situation. File your claim right away and explain the circumstances honestly when they ask.
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Daniel Rogers
•Thank you! Should I mention the childcare issues when I file online or wait until they contact me?
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Ella Russell
I got fired for attendance last year and still got my unemployment approved after adjudication. The difference is whether it was within your control or not. Document everything about your childcare situation - texts from the babysitter, any emails to your boss about the issues, etc. NYS Department of Labor will likely put your claim in adjudication to investigate, but don't panic if that happens.
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Mohammed Khan
•How long did your adjudication take? Mine's been pending for 3 weeks already.
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Gavin King
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I found this service called Claimyr that helped me actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself when I needed to get my adjudication resolved.
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Nathan Kim
•Interesting, never heard of that before. Did they actually help you get through?
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Eleanor Foster
honestly the whole system is messed up they fire you for being a few minutes late but then make you jump through hoops to get benefits. my friend got denied for attendance and had to appeal twice before winning
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Aaliyah Reed
•That's why it's important to file the initial claim with detailed explanations and keep all documentation ready for the adjudication process.
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Lucas Turner
Same thing happened to me but with my car breaking down constantly. Filed anyway and got approved after they investigated. The key is showing it wasn't intentional misconduct.
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Luca Bianchi
I work in HR and can tell you that attendance issues don't automatically disqualify you from unemployment benefits. The NYS Department of Labor looks at whether the behavior was willful misconduct or due to circumstances beyond your control. Childcare emergencies can be considered compelling circumstances. Make sure to file your claim immediately and be completely honest about the situation. Keep any documentation you have about the childcare issues - texts, emails, etc. Even if your claim goes to adjudication, don't give up. Many people win their appeals when they can show the attendance problems weren't due to deliberate misconduct.
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Andrew Pinnock
•This is really helpful advice, especially coming from someone in HR! I'm definitely going to gather all those texts from my babysitter and any emails I sent to my supervisor about the childcare issues. It's reassuring to know that they actually look at the circumstances rather than just automatically denying for attendance. How long does the adjudication process typically take when they're investigating these types of cases?
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