Fired for attendance issues - can I still get NYS Department of Labor unemployment benefits?
I just lost my job last week because of attendance problems and I'm not sure if I can even apply for unemployment. I had some legitimate medical issues earlier this year that caused me to miss work, but my employer said I used up all my FMLA and sick time. The final straw was when I was late three times in two weeks because of car trouble. My supervisor said it was job abandonment but I never quit - they terminated me. Can you still get unemployment benefits from NYS Department of Labor if you get fired for attendance? I really need these benefits while I look for a new job.
13 comments
Join the conversation
Ethan Wilson
Yes, you can potentially get unemployment benefits even if fired for attendance issues. NYS Department of Labor looks at whether the firing was for misconduct or just poor performance. Attendance problems usually fall under poor performance unless it was willful misconduct. You should definitely file a claim and explain your circumstances including the medical issues and car problems. They'll make a determination during the adjudication process.
0 coins
Aisha Abdullah
•That's encouraging! Should I mention the medical issues when I file my weekly claim or wait until they ask?
0 coins
Yuki Tanaka
i got fired for attendance too last year and got my benefits after like 6 weeks of waiting. just be honest when you file and they'll probably approve it
0 coins
Carmen Diaz
The key thing is documenting everything. When you file your claim, have documentation of your medical issues, FMLA paperwork, and any communication with your employer about the attendance policy. NYS Department of Labor will contact your former employer to get their side, then make a decision. If they initially deny your claim, you can appeal with your documentation.
0 coins
Andre Laurent
•What if the employer lies about why they fired you? My last job told unemployment I was fired for theft when it was really just attendance issues.
0 coins
AstroAce
Been dealing with NYS Department of Labor for months on various issues and getting through to an actual person is nearly impossible. If you need to talk to someone about your specific situation, I found this service called Claimyr (claimyr.com) that helps you get connected to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting disconnected.
0 coins
Aisha Abdullah
•Interesting, I've been dreading trying to call them if I have problems with my claim. How much does something like that cost?
0 coins
AstroAce
•They focus more on getting you connected quickly rather than being expensive. Worth checking out if you hit roadblocks with your claim.
0 coins
Zoe Kyriakidou
The whole system is rigged against working people anyway. They make you jump through hoops just to get benefits you paid into. But yeah, attendance firings usually qualify unless they can prove you were deliberately trying to get fired.
0 coins
Jamal Brown
Same thing happened to my cousin but with childcare issues instead of medical. She got approved after explaining the situation during adjudication. Just file and be truthful about everything.
0 coins
Jacinda Yu
I went through something similar about 8 months ago - got fired for attendance due to a combination of health issues and transportation problems. The good news is that NYS Department of Labor approved my claim after about 4 weeks of review. During the phone interview, I explained that my absences weren't intentional misconduct but rather circumstances beyond my control. They seemed to understand the difference between willful violations and genuine hardships. Make sure to keep all your medical documentation and any emails or texts with your employer about your attendance issues. Also, when you file, emphasize that you never abandoned your job - you were terminated. That distinction matters a lot in their decision process.
0 coins
Nia Davis
•This is really helpful to hear from someone who went through the exact same situation! I'm feeling more optimistic about filing now. Quick question - during that phone interview, did they ask for specific documentation upfront or did you just mention that you had it available? I want to make sure I'm prepared with everything they might need.
0 coins
Sienna Gomez
I'm in a really similar boat right now - got let go last month for attendance issues that were mostly due to health problems and my car breaking down constantly. Reading through everyone's experiences here is giving me hope that I might actually qualify for benefits. @Jacinda Yu your story especially resonates with me since it sounds like you had the exact same mix of health and transportation issues. I've been hesitating to file because I was worried they'd automatically deny anyone fired for attendance, but it sounds like they actually look at the circumstances. Going to gather up all my medical records and start the application process this week. Thanks everyone for sharing your experiences!
0 coins