Got terminated for attendance issues - will NYS Department of Labor approve my unemployment claim?
I was let go from my warehouse job last week after missing too many days due to childcare problems when my babysitter kept canceling. My supervisor said it was job abandonment but I tried to call in when I could. I know getting fired usually disqualifies you but I'm reading mixed things about whether attendance issues count as misconduct for NYS Department of Labor purposes. Has anyone been in a similar situation? I really need these benefits while I look for something with more flexible hours.
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Maggie Martinez
Whether you qualify depends on if NYS Department of Labor considers your termination to be misconduct. Simple attendance issues without willful disregard might not disqualify you, especially if you had legitimate reasons like childcare problems. When you file your claim, be honest about the circumstances and emphasize that you attempted to communicate with your employer when possible. Document any evidence of your attempts to call in or arrange coverage.
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Zane Gray
•That's encouraging. I did try to call most times but sometimes couldn't get through to the right person. Should I mention the childcare situation specifically in my claim?
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Alejandro Castro
ugh this happened to my friend and she got denied initially but won on appeal. the key is proving it wasnt willful misconduct just life circumstances
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Monique Byrd
I had a similar situation with transportation issues causing attendance problems. NYS Department of Labor approved my claim because I could show I made good faith efforts to resolve the issue and communicate with my employer. The adjudication process took about 3 weeks, but they ruled that isolated attendance issues due to circumstances beyond my control didn't constitute misconduct. Make sure you have documentation of any communication attempts.
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Zane Gray
•How did you document the communication attempts? I mostly tried calling but didn't always get anyone to talk to.
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Jackie Martinez
If you're having trouble reaching NYS Department of Labor to check on your claim status or get clarification about misconduct determinations, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck trying to reach someone about my adjudication for weeks before using it.
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Zane Gray
•Thanks, I'll check that out. The phone lines are always so busy when I try calling.
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Lia Quinn
The unemployment system is such BS. They make it so complicated to figure out if you qualify and then take forever to make decisions. Even if you have good reasons they'll probably find some way to deny you initially just to save money.
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Haley Stokes
File your claim ASAP regardless. Even if there's a misconduct issue, you can appeal if denied. The worst thing is waiting and missing out on potential benefits while you're looking for work.
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Zane Gray
•Good point, I'll file tomorrow. Better to try and appeal if needed than miss the window completely.
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