Got fired for being late - can I still collect NYS Department of Labor unemployment benefits?
So I was terminated from my job last Friday after being late multiple times over the past few months. I had some personal issues going on and struggled with punctuality but I wasn't expecting to get fired. My manager said it was for attendance issues. Can I still file for unemployment benefits with NYS Department of Labor or does getting fired automatically disqualify me? I'm really stressed about this because I need the income while I look for another job. Has anyone been in a similar situation?
11 comments
Join the conversation
Joshua Wood
You can still apply for unemployment benefits even if you were fired. NYS Department of Labor will review your case to determine if the termination was for 'misconduct.' Being late repeatedly might be considered misconduct, but it depends on the specific circumstances. You should file your claim immediately and provide your side of the story during the adjudication process. The worst they can do is deny it, but you have the right to appeal if that happens.
0 coins
Madison Allen
•Thank you! I wasn't sure if I should even bother applying. Should I mention the personal issues I was dealing with when I file the claim?
0 coins
Justin Evans
Definitely file your claim right away. I got fired for attendance issues a couple years ago and was approved for benefits after adjudication. The key is being honest about what happened and explaining any extenuating circumstances. NYS Department of Labor will contact your former employer to get their side too. The adjudication process took about 3 weeks for me but I eventually got approved.
0 coins
Madison Allen
•That gives me some hope! Did you have to provide any documentation about your personal circumstances?
0 coins
Justin Evans
•I provided some medical documentation since my attendance issues were health-related. If you have any documentation that supports your situation, it could help your case.
0 coins
Emily Parker
being late is misconduct you probably wont get anything but you can try i guess
0 coins
Joshua Wood
•That's not necessarily true. NYS Department of Labor looks at each case individually. Isolated incidents or circumstances beyond someone's control are treated differently than willful misconduct.
0 coins
Ezra Collins
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status during adjudication. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr that helps you actually reach a real person at NYS Department of Labor. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made such a difference when I needed to provide additional information about my termination.
0 coins
Madison Allen
•Interesting, I'll check that out. I have a feeling I'm going to need to talk to someone during this process.
0 coins
Victoria Scott
File immediately! The longer you wait the more you're losing in potential benefits. Even if they initially deny you can appeal and sometimes win on appeal. I know someone who got approved on appeal after being fired for similar reasons.
0 coins
Kennedy Morrison
I'm sorry to hear about your situation. From what I understand, being fired for attendance issues doesn't automatically disqualify you from unemployment benefits in New York. The Department of Labor will investigate whether your termination constitutes "misconduct" - and chronic lateness can sometimes fall into a gray area depending on the circumstances. If you had legitimate personal issues affecting your attendance (medical, family emergencies, etc.), make sure to document and explain those when you file. The important thing is to apply right away since there's a waiting period, and you can always appeal if initially denied. Don't let the fear of rejection stop you from trying - you've paid into the system and deserve a fair review of your case.
0 coins