Can you get unemployment if you were fired for attendance issues in New York?
I got terminated last week from my warehouse job after getting written up for tardiness three times over two months. My supervisor said it was for 'excessive absenteeism' but I was only late because my car kept breaking down and I couldn't afford repairs right away. I've been working there for almost two years with no other problems. Does anyone know if NYS Department of Labor will approve unemployment benefits when you're fired for attendance? I really need these benefits while I look for another job but I'm worried they'll deny me.
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Aisha Abdullah
Attendance-related terminations can be tricky with NYS Department of Labor. It depends on whether they consider it 'misconduct' or circumstances beyond your control. Transportation issues might work in your favor if you can document the car problems. You should definitely file your claim and explain the situation in detail. The worst they can say is no, and you can always appeal if denied.
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Mateo Rodriguez
•Thanks! Do I need to provide proof of the car repairs when I file? I have some receipts from the mechanic.
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Ethan Wilson
I was fired for attendance last year and got approved after they reviewed my case. The key is showing it wasn't willful misconduct. If you had legitimate reasons like transportation issues and tried to resolve them, that helps your case. Make sure to mention any attempts you made to fix the situation or communicate with your employer about the problems.
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NeonNova
•How long did the review take? I'm in a similar situation and wondering what to expect.
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Yuki Tanaka
ugh the whole system is so unfair... they make you jump through hoops to prove you 'deserve' benefits when companies can fire you for basically anything. I got denied initially for attendance but won my appeal because I had medical documentation. definitely file anyway
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Carmen Diaz
I had trouble getting through to NYS Department of Labor to check on my adjudication status when I had an attendance-related firing. The phone lines are always busy and the online system doesn't give much detail. I ended up using this 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. Really saved me weeks of calling and getting hung up on.
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Mateo Rodriguez
•Never heard of that before. Did it actually work? I'm getting frustrated trying to reach anyone at NYS Department of Labor.
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Andre Laurent
wait so if you're late too many times they can deny your unemployment?? that seems crazy to me. what if you have kids and no backup childcare or something happens?
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Aisha Abdullah
•It's not automatic denial. NYS Department of Labor looks at each case individually to determine if the attendance issues constitute misconduct or were due to circumstances beyond your control.
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Emily Jackson
File ASAP and be honest about everything. The adjudication process will review all the facts. If you can show the car problems were legitimate and you tried to address them, you have a good shot at approval.
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