Fired for tardiness can I get unemployment benefits from NYS Department of Labor?
I got terminated last Friday from my warehouse job for being late too many times. My supervisor said it was the final straw after multiple warnings about punctuality. I wasn't trying to be disrespectful - I've been dealing with unreliable public transportation and some childcare issues that made getting there on time really difficult. Now I'm worried that being fired means I can't collect unemployment. Does anyone know if NYS Department of Labor will approve my claim even though I was terminated for tardiness? I really need these benefits to keep my apartment while I look for another job.
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Yuki Watanabe
You can still file for unemployment even if you were fired, but NYS Department of Labor will review your case to determine if your termination was due to misconduct. Tardiness can be tricky - if it was due to circumstances beyond your control like transportation issues, you might have a good case. Make sure to mention the specific reasons for your lateness when you file your claim and be prepared to provide documentation if needed.
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Ethan Campbell
•That's reassuring to hear. Should I mention the childcare and transportation problems right away when I file online, or wait until they ask for more details?
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Carmen Sanchez
my friend got fired for the same thing last year and they denied her claim at first but she appealed and won. the key is showing it wasnt willful misconduct
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Andre Dupont
•How long did the appeal process take? I'm worried about going weeks without any income if they deny me initially.
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Zoe Papadakis
File your claim immediately regardless of the circumstances of your termination. NYS Department of Labor has specific guidelines about what constitutes misconduct, and simple tardiness due to legitimate issues like transportation problems often doesn't meet that threshold. Document everything - keep records of any bus delays, childcare issues, or other factors that contributed to your lateness. If your employer contests the claim, you'll need this evidence for your case.
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Ethan Campbell
•I do have some screenshots from the transit app showing delays on days I was late. Would that help my case?
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Zoe Papadakis
•Absolutely - any documentation that shows the lateness was due to circumstances beyond your control strengthens your position with NYS Department of Labor.
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ThunderBolt7
I had such a nightmare trying to get through to NYS Department of Labor when my employer contested my claim. Spent hours on hold just to get disconnected. Eventually found this service called Claimyr that actually got me connected to a real person at the unemployment office. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of stress when I needed to explain my situation to an actual agent.
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Jamal Edwards
•Never heard of that but honestly anything is better than sitting on hold for 3 hours just to get hung up on
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Mei Chen
The unemployment system is such a joke! They make it so hard for people who actually need help. I got denied for something similar and it took MONTHS to sort out. Meanwhile bills don't stop coming just because NYS Department of Labor wants to play judge and jury about whether your reason for being late was good enough for them.
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Yuki Watanabe
•I understand the frustration, but the appeals process does work if you have documentation. The key is being persistent and providing clear evidence of why the termination wasn't misconduct.
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Jamal Edwards
same boat here - got canned for attendance issues but mine was medical related. still waiting to hear back on my claim
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Carmen Vega
I went through something similar when I was fired for attendance issues related to my kids getting sick frequently. The key thing that helped me was being completely honest about the circumstances when I filed. I explained the childcare situation in detail and provided documentation like daycare closure notices and pediatrician notes. NYS Department of Labor actually approved my claim because they determined it wasn't willful misconduct - just unfortunate circumstances. Don't let the fear of denial stop you from filing immediately. The worst thing you can do is wait, because there are strict deadlines for filing claims. Good luck!
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Mei Zhang
•This is really helpful to hear! I'm in a similar situation with transportation and childcare being the main factors. Did you have to go through an appeal process or did they approve it on the first review? I'm trying to figure out what to expect timeline-wise since I need to plan my finances accordingly.
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Ally Tailer
•They approved it on the first review, which was honestly a relief! It took about 3-4 weeks from when I filed to get the approval letter. The key was being super detailed in my initial application - I wrote out specific dates when daycare was closed, included copies of medical notes, and even had a letter from my previous employer acknowledging that my absences were due to family emergencies rather than just not wanting to show up to work. My advice is to gather all your documentation now while it's fresh in your mind. Transit delay screenshots, any texts or emails you sent your supervisor explaining why you were late, childcare receipts or closure notices - anything that shows this wasn't willful misconduct on your part.
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Mei Chen
I'm dealing with something similar right now after getting let go for attendance issues. Reading through everyone's experiences here is really helpful. One thing I wanted to add is that when you file your claim, don't just focus on the transportation and childcare problems - also mention any efforts you made to address the tardiness issue with your employer. Did you ever ask about flexible start times, offer to stay late to make up time, or suggest any other accommodations? NYS Department of Labor looks at whether you tried to resolve the situation in good faith. Even if your employer wasn't willing to work with you, showing that you attempted to find solutions can help demonstrate that your termination wasn't due to willful misconduct. Also, if you have any performance reviews or documentation showing you were a good employee otherwise, include that too.
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Emily Thompson
•This is really good advice about showing you tried to work with your employer! I actually did ask my supervisor about adjusting my start time by 30 minutes to account for the bus schedule, but they said warehouse operations required everyone to start at the same time. I also offered to work through lunch or stay late when I was running behind, but they weren't interested in those solutions either. I kept some of those text conversations on my phone - sounds like I should definitely include those when I file my claim to show I was trying to be proactive about the situation.
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