Got fired for being late - can I still collect NYS Department of Labor unemployment benefits?

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.

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.

being late is misconduct you probably wont get anything but you can try i guess

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.

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.

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.

I've been through something similar and want to emphasize what others have said - definitely file your claim right away! When I was terminated for attendance issues, I was honest about my circumstances during the adjudication interview. The NYS Department of Labor adjudicator asked detailed questions about my work history, the specific incidents that led to my termination, and any factors that contributed to my attendance problems. What helped my case was being able to show that I had made efforts to address the issues and that there were legitimate reasons behind my struggles. Even if your employer contests the claim (which they probably will), you still have a good chance if you can demonstrate that your lateness wasn't willful misconduct. The process can take several weeks, but don't let that discourage you from filing. Good luck!

I went through a similar situation about 6 months ago and want to give you some encouragement. I was terminated for attendance issues due to some family emergencies that kept coming up, and I was really worried about filing for unemployment. But I'm so glad I did! The key things that helped me were: 1) Filing immediately - don't wait even a day, 2) Being completely honest about what happened and why, 3) Gathering any documentation that showed I was trying to address the issues (like emails to my supervisor about my situation), and 4) Explaining the personal circumstances without making excuses. The adjudication process was nerve-wracking but the interviewer was actually quite fair and understanding. I ended up getting approved after about a month. Even if you're not sure you'll qualify, you have nothing to lose by applying and everything to gain. The NYS Department of Labor really does look at each case individually, so don't assume you'll be denied just because you were fired. You paid into this system and you deserve to have your case heard fairly.

I understand how stressful this situation must be for you. Based on what others have shared and my own experience with NYS Department of Labor, you absolutely should file your claim right away. Getting fired for attendance issues doesn't automatically disqualify you - the key is whether it constitutes "misconduct" in their determination. Since you mentioned having personal issues that affected your punctuality, make sure to be upfront about those circumstances when you file. The Department of Labor will conduct an adjudication process where both you and your employer will have a chance to present your sides of the story. Even if your initial claim is denied, you have the right to appeal. The most important thing right now is to file immediately since benefits are calculated from your filing date, not your termination date. You've been paying into this system and deserve to have your case reviewed fairly. Don't let fear of rejection prevent you from applying - you have nothing to lose and potentially weeks of benefits to gain while you search for new employment.

I've been through the NYS Department of Labor unemployment process after being terminated for attendance issues, and I want to echo what everyone else is saying - file your claim immediately! Don't let the termination reason discourage you from applying. The Department of Labor understands that life happens and people face legitimate challenges that can affect work attendance. When you file, be completely honest about your situation and explain the personal issues that contributed to your lateness. During my adjudication interview, the representative was very thorough but fair - they asked about the specific incidents, whether I had communicated with my employer about my circumstances, and what efforts I had made to resolve the attendance problems. Having documentation (emails, medical records, etc.) that support your explanation can really help your case. Even if your employer contests the claim, which they likely will, you still have a good chance of approval if you can show your lateness wasn't willful misconduct. The process took about 4 weeks for me, but I was ultimately approved. Remember, you've been paying into this system and you deserve to have your case evaluated fairly. The worst outcome is a denial that you can appeal - but you'll never know unless you try!

I just want to add my voice to everyone else encouraging you to file immediately! I was in a very similar situation about 8 months ago - terminated for chronic lateness due to some serious family issues I was dealing with. I was convinced I wouldn't qualify for benefits and almost didn't apply, but a friend pushed me to file anyway. I'm so grateful they did! The NYS Department of Labor adjudicator was much more understanding than I expected. They asked detailed questions about my work history, the specific attendance issues, and most importantly, the circumstances that led to my lateness. I was honest about my family situation and provided some documentation that showed I had tried to work with my employer on scheduling accommodations. The whole process took about 5 weeks, but I was approved for benefits. What really helped my case was being able to demonstrate that I had a good work history prior to these personal challenges and that I had made genuine efforts to address the attendance problems. Don't assume you're automatically disqualified just because you were fired - the system is designed to help people who are unemployed through no fault of their own, and personal circumstances that affect your ability to work can sometimes qualify. You've paid into this system and you deserve to have your case heard fairly!

I'm really glad to see everyone sharing such encouraging experiences and practical advice here! As someone who works in HR, I want to emphasize that attendance-related terminations are actually quite common in unemployment adjudications, and the outcome really depends on the specific circumstances. The NYS Department of Labor will look at factors like whether you had prior warnings, if you communicated with your employer about your situation, and most importantly, whether the attendance issues were due to circumstances beyond your reasonable control. Since you mentioned personal issues were affecting your punctuality, that could work in your favor if you can document or explain those circumstances during the adjudication process. Make sure when you file to be specific about what personal issues you were dealing with - vague explanations don't help your case as much as concrete details. Also, if you received any written warnings about attendance, don't panic - that doesn't automatically mean misconduct. The Department of Labor wants to see if your employer gave you a reasonable chance to correct the issues and whether your personal circumstances made it genuinely difficult to comply. File today and be completely honest throughout the process!

I've been following this thread and wanted to add my experience as well. I was terminated for attendance issues about a year ago due to some health problems that were affecting my ability to get to work consistently. Like many of you, I was initially hesitant to file for unemployment because I thought being fired would automatically disqualify me. However, after reading similar discussions online and talking to someone at a local workforce development center, I decided to apply anyway. The adjudication process was thorough but fair - they asked about my employment history, the specific reasons for my termination, and the circumstances that led to my attendance problems. I provided medical documentation that supported my situation and explained how I had tried to work with my employer to find solutions. The whole process took about 6 weeks, but I was ultimately approved for benefits. What I learned is that the NYS Department of Labor really does evaluate each case individually and considers whether the termination was due to misconduct or circumstances beyond your control. My advice is the same as everyone else's - file immediately and be completely honest about your situation. You have nothing to lose by applying and potentially several months of financial support to gain while you look for new employment. The system exists to help people who are unemployed, and you shouldn't let the circumstances of your termination prevent you from accessing benefits you may be entitled to.

I'm new to this community but wanted to share some encouragement after reading everyone's helpful responses. I went through a very similar situation about 18 months ago - terminated for attendance issues during a really difficult period in my life when I was caring for a sick family member. I was terrified to file for unemployment because I thought getting fired meant automatic disqualification. But after talking to a friend who had been through the process, I decided to apply anyway. The NYS Department of Labor adjudication interview was actually much more fair and understanding than I expected. The adjudicator asked thoughtful questions about my work history, the specific circumstances that led to my attendance problems, and whether I had tried to communicate with my employer about my situation. I was completely honest about my family caregiving responsibilities and provided some documentation showing the medical appointments I had to attend. The process took about 5 weeks, but I was approved for benefits. What really helped my case was being able to show that this was an unusual situation for me - I had several years of good attendance prior to these family issues arising. The key is that the Department of Labor distinguishes between willful misconduct and circumstances beyond your reasonable control. Don't let fear stop you from filing - you've paid into this system and deserve to have your case evaluated fairly. File today and be thorough in explaining your personal circumstances!

Reading through all these responses has been incredibly helpful and reassuring! I was in almost the exact same situation about 6 months ago - terminated for chronic lateness due to some serious personal issues I was dealing with at the time. Like many of you mentioned, I was initially convinced I wouldn't qualify for benefits and almost didn't file. I'm so glad I listened to advice similar to what everyone here is giving and applied anyway. The NYS Department of Labor adjudication process was much more fair than I anticipated. The interviewer asked detailed questions about my employment history, the specific attendance incidents, and most importantly, the personal circumstances that contributed to my lateness. I was completely honest about my situation and provided some documentation that showed I had attempted to communicate with my supervisor about what I was going through. The whole process took about 4-5 weeks, but I was ultimately approved for benefits. What really made the difference was being able to demonstrate that my attendance issues were due to legitimate personal circumstances rather than willful misconduct, and that I had previously been a reliable employee. Don't let the fear of potential denial prevent you from filing - you have absolutely nothing to lose and potentially months of financial support to gain. The system is there to help people who are unemployed, and you deserve to have your case evaluated fairly based on your individual circumstances!

I just wanted to add my voice to this incredibly supportive thread! I was terminated for attendance issues about 10 months ago due to transportation problems and some family emergencies that kept coming up. Like so many others here, I initially thought getting fired meant I was automatically disqualified from unemployment benefits. But after reading similar advice online, I decided to file anyway - and I'm so grateful I did! The NYS Department of Labor adjudication process was much more thorough and fair than I expected. The interviewer asked detailed questions about my work history, the specific reasons for my termination, and the circumstances that led to my attendance problems. I was completely honest about my transportation issues and family situation, and provided some documentation like bus route changes and medical appointments that supported my explanation. The process took about 6 weeks from filing to decision, but I was ultimately approved for benefits. What really helped my case was being able to show that I had communicated with my supervisor about my challenges and had made genuine efforts to resolve the transportation issues. The key insight I gained is that the Department of Labor really does distinguish between willful misconduct and circumstances beyond your reasonable control. Don't let fear of rejection stop you from filing - you've paid into this system and deserve to have your case heard fairly. File immediately and be thorough in documenting your personal circumstances!

I just wanted to chime in as someone who went through this exact situation about a year ago. I was terminated for attendance issues during a really challenging time when I was dealing with both childcare problems and some health issues that made getting to work consistently really difficult. Like everyone else here has said, I was initially convinced I wouldn't qualify for benefits because I was fired, but filing that claim was one of the best decisions I made during that difficult period. The NYS Department of Labor adjudication process was actually much more understanding than I expected. The interviewer spent about 45 minutes asking detailed questions about my work history, the specific incidents that led to my termination, and most importantly, the personal circumstances that were affecting my ability to get to work on time. I was completely honest about my childcare struggles and health issues, and provided documentation like medical appointments and daycare closure notices that supported my explanation. What really seemed to help my case was being able to show that I had been a reliable employee for over three years before these issues started, and that I had actively tried to communicate with my supervisor about finding solutions. The adjudicator specifically asked whether I had made any efforts to address the attendance problems, and I was able to explain the steps I had taken. The whole process took about 5 weeks from filing to getting my decision, but I was approved for benefits. The key takeaway from my experience is that the Department of Labor really does evaluate each case based on individual circumstances and whether the attendance issues constituted willful misconduct versus situations beyond your reasonable control. Don't let fear of potential denial stop you from applying - you've been paying into this system and you absolutely deserve to have your case heard fairly. File today if you haven't already, and be thorough in explaining your personal circumstances during the adjudication process!