Can you get unemployment if you get fired for not showing up - NYS Department of Labor eligibility question
I'm in a bad situation and need to know if I can still file for unemployment benefits. I got terminated from my retail job last week because I missed several shifts without calling in. I was dealing with some personal issues and honestly just couldn't bring myself to go to work or even call. I know it sounds irresponsible but I was going through a lot. Now I'm wondering if NYS Department of Labor will deny my claim because of the attendance issues. Has anyone been in a similar situation? Do they automatically disqualify you for job abandonment or is there any chance I could still get benefits? I really need the income while I look for something new.
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Aisha Khan
Unfortunately, getting fired for excessive absences or no-shows is typically considered misconduct under NYS Department of Labor rules. When you file your claim, you'll need to be honest about the reason for termination. The adjudicator will review whether your actions constitute misconduct connected to work. However, if you had compelling personal circumstances that prevented you from working or notifying your employer, you might have grounds to appeal if initially denied. Document any medical issues, family emergencies, or other circumstances that contributed to your absences.
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CosmicCruiser
•Thanks for the honest answer. I do have some documentation about the personal issues I was dealing with. Should I submit that with my initial claim or wait to see if they deny me first?
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Ethan Taylor
same thing happened to my friend last year, she got denied initially but won on appeal because she had medical documentation for depression that made it hard for her to function
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Yuki Ito
•The key is having documentation. NYS Department of Labor will consider medical or personal circumstances that were beyond your control, but you need proof. Mental health issues, family crises, transportation breakdowns - these can all be valid reasons if properly documented.
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Carmen Lopez
You should definitely still file the claim! Don't assume you'll be denied. I was fired for attendance issues and got approved because I explained the circumstances in detail during the phone interview. The worst they can do is say no, and then you can appeal. Just be completely honest about what happened and why.
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CosmicCruiser
•That's encouraging to hear. Did you have to provide any documentation during the phone interview or was your explanation enough?
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Andre Dupont
I had a nightmare trying to get through to NYS Department of Labor when I was dealing with a misconduct determination. Spent weeks calling and getting disconnected. Finally used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration because I could actually talk to someone about my specific situation instead of just guessing what would happen.
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QuantumQuasar
•never heard of that but honestly might try it, been trying to reach someone for days about my claim status
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Zoe Papanikolaou
THE SYSTEM IS SO UNFAIR!! I got denied for missing work when I had COVID symptoms and my employer told me not to come in but then fired me anyway. NYS Department of Labor sided with the employer of course. These adjudicators don't care about workers at all.
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Aisha Khan
•That sounds like you might have had grounds for a successful appeal if you had documentation of the employer's instructions and your symptoms. Misconduct determinations can be overturned with proper evidence.
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Paolo Bianchi
I work for a local advocacy organization and we see cases like this regularly. The key thing to understand is that NYS DOL distinguishes between "misconduct" and circumstances beyond your control. Missing work due to mental health crises, family emergencies, or other compelling personal circumstances may not be considered disqualifying misconduct if you can document the situation. When you file your claim, be completely honest about what happened and why. If you have any medical records, therapy notes, or other documentation showing you were dealing with legitimate personal issues during that time, gather those now. Even if you're initially denied, the appeals process gives you a real chance to present your case with proper documentation. Don't let fear of denial stop you from filing - you've paid into this system and deserve a fair review of your situation.
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