Can you get unemployment if you're fired for attendance issues in NY?
So I got fired from my warehouse job last week because I had too many late arrivals and a few no-shows over the past 6 months. My supervisor said it was 'willful misconduct' but honestly I was dealing with some personal stuff and transportation problems. I know attendance issues can disqualify you but I'm not sure if my situation counts as misconduct or not. Has anyone successfully gotten unemployment after being fired for attendance? What did you tell NYS Department of Labor when you filed your claim?
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Yara Assad
Attendance-related terminations can be tricky with NYS Department of Labor. The key question is whether your absences were 'willful' or due to circumstances beyond your control. If you had legitimate reasons (medical issues, transportation breakdowns, family emergencies) and can document them, you might still qualify. When you file your claim, be honest about the termination reason but explain the underlying circumstances. The adjudication process will review both your employer's documentation and your explanation.
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Paolo Bianchi
•I did have some car troubles and my mom was in the hospital twice, but I don't think I documented everything properly with HR. Will NYS Department of Labor contact my employer to verify what they said?
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Olivia Clark
ugh same thing happened to my cousin but she got approved eventually. took like 3 weeks in adjudication though
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Javier Morales
File your claim immediately and select 'discharged' as your separation reason. During the phone interview, emphasize any legitimate reasons for your absences. Even if some attendance issues were your fault, if you can show a pattern of good attendance before personal problems arose, it strengthens your case. Keep any documentation you have - medical records, repair receipts, anything that supports your explanation of why you missed work.
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Natasha Petrov
•Wait, they do phone interviews for attendance cases? I thought that was only for more serious misconduct situations.
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Connor O'Brien
Look, I've been dealing with NYS Department of Labor for months and they're completely overwhelmed. Good luck getting through to explain your side of the story. The system basically assumes employers are always right about misconduct. I got denied for attendance even though I had a doctor's note for half my absences.
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Javier Morales
•That's frustrating but not always true. The adjudication process is supposed to be neutral. If you were denied and believe it was incorrect, you can appeal the decision within 30 days.
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Yara Assad
If you're having trouble reaching NYS Department of Labor by phone to check on your claim status or provide additional information, there's a service called Claimyr (claimyr.com) that helps people get through to agents faster. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Especially helpful when you need to explain complex situations like yours where attendance issues had legitimate underlying causes.
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Paolo Bianchi
•Thanks, I'll check that out. I've been trying to call for two days straight and keep getting the busy signal or getting disconnected after waiting on hold.
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Amina Diallo
honestly depends on how bad your attendance was and if you warned them about your problems ahead of time. I got fired for attendance but got benefits because I had told my manager about my kid's medical appointments and they said it was fine then fired me anyway. the key is showing you tried to work with them
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Olivia Clark
File anyway! worst case they say no but at least you tried. my friend got approved after being fired for attendance and she was shocked
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Paolo Bianchi
•Yeah that's what I'm thinking. I've got nothing to lose at this point and I really need the income while I look for another job.
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