Fired for missing one day of work - can I get NY unemployment as a union construction worker?

Missing one day for a family emergency should NOT be considered misconduct for unemployment purposes. This is actually good for your case. Being in a union helps too, since you probably have more workplace protections than non-union workers. The review process typically takes 2-4 weeks right now. Since you were fired and didn't quit, NYSDOL has to investigate with your employer. They'll contact your former employer for their side of the story, and the employer has 10 days to respond. Make sure you continue certifying weekly while waiting for a decision. Did you submit any documentation of the family emergency? Having hospital paperwork can strengthen your case.

My brother went thru same thing last year (not construction but fired for missing work). took them like 6 weeks to approve his claim & he had to do a phone interview with some investigator before they made a decision. good luck man

I just wanted to say good luck with your claim! Being fired for just ONE absence when it was for a family emergency seems really unfair. I hope NY unemployment approves you quickly.

THEY ARE GOING TO SAY YOU COMMITTED MISCONDUCT!!! This is how they ALWAYS handle these cases. I was fired for missing 2 days (had the flu with doctor's note) and they DENIED my claim saying it was misconduct. Had to appeal and wait ANOTHER 8 weeks with NO MONEY coming in. The whole system is designed to make you give up!!!! Did your union rep file a grievance about your termination? If not, DO THAT NOW!!! That will help your unemployment case.

Union membership is actually significant in your case. Make sure your union representative knows you've filed for unemployment - they can help advocate for you. Regarding timelines, there's unfortunately no standard processing time. Currently in NY, straightforward claims might be approved in 2-3 weeks, but cases requiring fact-finding (like terminations) often take 4-6 weeks. A single absence for a documented family emergency generally doesn't rise to the level of misconduct needed to deny benefits. The key factors will be: 1. Whether you followed the company's call-out procedure 2. If you can document the emergency (hospital records) 3. Your prior attendance record 4. Any relevant provisions in your union contract If you get a determination interview scheduled, have all this information ready. And yes, keep certifying weekly while you wait.

I got fired from my cooking job last year when I missed work because my kid was sick. NY unemployment took FOREVER to decide on my claim and I couldn't get anyone on the phone. I finally used this service called Claimyr (claimyr.com) that got me through to an agent in like 20 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent told me my employer was fighting my claim which was why it was taking so long. Once I actually talked to someone, my claim was approved the next day. Sometimes you just need to talk to a real person.

Honestly this is why I hate construction sometimes. Miss ONE day and they act like you committed a crime! I'm also union (different trade) and still had to fight when they tried to fire me over BS reasons. The unemployment office is backed up right now because of all the spring layoffs. Might be worth getting your shop steward to call the DOL on your behalf - sometimes they'll expedite if a union rep calls.

My claim took 3 weeks to process last year, and I was laid off not fired. You'll probably need to wait a bit longer since they have to investigate. Sorry you're going through this!

Just wanted to follow up here with one important point: if your unemployment claim remains "pending" for more than 4 weeks, you might want to see if your state assemblyperson can help. Their offices often have direct contacts at NYSDOL and can sometimes expedite claims that are stuck in the system. Google your district's representative and look for a "constituent services" contact.

my cousins in local 79 and says they fire guys all the time for bs reasons but most get unemployment eventually. dont stress 2 much man

Update: Just got a letter saying I need to do a phone interview with a claims examiner next Tuesday. Getting nervous but at least something's happening. Thanks for all the advice everyone!

This reminds me of when my dad got fired from his trucking job after 12 years because he missed two days when there was that huge snowstorm in 2024. He did everything right but they still gave him a hard time with unemployment. He finally got approved but then they underpaid him for like 6 months until he got it fixed. The system is so broken... hope you have better luck than he did!