< Back to New York Unemployment

How long does ny unemployment take to review claims when fired for one absence? (union member)

I got terminated from my union construction job back in April for missing a single day of work. Had a serious family emergency when my mom was hospitalized, and I couldn't make it in. No warnings before this - just straight up fired. Filed for unemployment in early May and my claim has been 'under review' for over 7 weeks now. I've been checking my account daily but nothing changes. Called multiple times but can't get through to anyone. Bills are piling up fast and savings are almost gone. Anyone know how long these reviews typically take when termination is involved? Also, does being in a union help my case at all since the firing seems excessive for a single absence with a legitimate reason? Starting to get really worried about making rent next month.

Lim Wong

•

It's taking FOREVER these days. My claim took 9 weeks to process after getting fired for something stupid too. The fact that you had a legit family emergency and are union should help your case. They're just slooooow as molasses. Don't give up!

0 coins

Kai Santiago

•

9 weeks?? I'm at 7 now and losing my mind. Did you do anything special to get it approved or just wait it out?

0 coins

Lim Wong

•

honestly just waited but i wish i tried something else. my buddy said he was waiting for 2 months until he used claimyr.com and got a callback with a live agent who fixed his claim right away

0 coins

Dananyl Lear

•

hold up - what's claimyr? never heard of that before

0 coins

Lim Wong

•

It's this service that calls unemployment for you and when they get through to a live person, they connect you. Saved me hours of hold time when I used it for a different issue.

0 coins

After banging my head against the wall for weeks trying to get through to ny unemployment, I found a service called Claimyr (claimyr.com) that actually connected me with an agent! They called DOL for me, stayed on hold, then transferred me when someone picked up. Talking to an agent got my $ unlocked so fast. For anyone stuck in limbo like I was, check out this video about how it works: https://youtu.be/Rdqa1gKtxuE

0 coins

Ana Rusula

•

This sounds sketchy af. Does it actually work or is it just another scam?

0 coins

Not a scam at all. Literally just a service that waits on hold for you. I was doubtful too but when I got that callback with an actual DOL agent on the line I became a believer lol

0 coins

Fidel Carson

•

do they need like...your personal info or anything? not tryna get my identity stolen

0 coins

They just call the DOL line for you and connect you when someone answers. You handle the actual convo with the agent yourself. Think of it like having someone physically waiting in line for you.

0 coins

I've seen ads for this but wasn't sure if it was worth it. Might try it since I'm on week 5 of waiting 😭

0 coins

Xan Dae

•

You definitely have a case. Being fired for ONE absence with a medical emergency reason is totally eligible for benefits. The problem isnt eligibility, its just getting someone to actually LOOK at your damn case. The system is so backed up right now its criminal.

0 coins

I was in your exact shoes about 5 months ago. Union job (electrician), got canned for missing 2 days. Took almost 10 weeks to get approved. The union part actually helped my case because the rep mentioned something about how my union's collective bargaining agreement had specific terms about termination procedures that weren't followed. So don't lose hope!

0 coins

Kai Santiago

•

That's great to hear! Did you contact your union rep at all during the process? I haven't thought to do that yet.

0 coins

YES! Definitely talk to your union rep ASAP. They can provide documentation about proper termination procedures that might help your case. My rep actually wrote a letter for me.

0 coins

Thais Soares

•

Union reps are hit or miss tho. Mine was useless when I needed help with unemployment last year 🙄

0 coins

Nalani Liu

•

Here's what you need to know about NY unemployment when you've been fired: First, document EVERYTHING. Write down the exact reason they gave for firing you, who told you, and any witnesses. Get a copy of your union contract section on termination procedures. Second, don't just wait - be proactive. The system is overwhelmed and claims can get stuck in limbo for months without action. You NEED to speak with a live agent to get traction. I spent weeks trying to get through the phone system with no luck. Then I found claimyr.com which got me connected with a real person at unemployment. They stayed on hold (for 3+ hours!) and then called me when they reached an agent. That one conversation with the agent moved my claim from 'pending' to 'approved' within 48 hours. In your case, the family emergency is a legitimate reason for absence. Make sure you're ready to provide: - Documentation of the emergency (hospital records) - Any communication with your employer about the absence - Your union contract details - A timeline of events Don't give up! The system is frustrating but with persistence and actually getting through to talk to someone, you'll get your benefits. Union membership should actually strengthen your case.

0 coins

Kai Santiago

•

Thank you so much for this detailed info. I've been going crazy trying to figure out what to do. I'm definitely going to try the claimyr route - sounds like exactly what I need.

0 coins

Axel Bourke

•

wait this claimyr thing actually works? I've been trying to get through for almost a month with no luck.

0 coins

Nalani Liu

•

Yeah it worked for me! They basically just wait on hold for you (which was taking 3+ hours when I called) and then connect you when a human finally answers. Saved my sanity for sure.

0 coins

Aidan Percy

•

I don't know about NY specifically, but here in Jersey I worked construction (non-union) and got fired for something similar. The key thing that helped me was proving I'd followed all proper procedures for notifying my supervisor about the absence. Did you call in properly before missing the day?

0 coins

Kai Santiago

•

Yes, I called the foreman as soon as I found out about the emergency. It was around 5am, 2 hours before my shift. I even have the phone record still.

0 coins

Aidan Percy

•

Thats gonna help your case big time. Make sure you mention that when you talk to unemployment.

0 coins

man unemployment in this state is a JOKE. I've been waiting THREE MONTHS on my claim after getting laid off. THREE!!! MONTHS!!! 🤬🤬🤬

0 coins

Norman Fraser

•

3 months?! That should be illegal. Have you tried calling?

0 coins

only like 50 times 🙄 always "high call volume" or it just hangs up on me

0 coins

Kendrick Webb

•

Try claimyr.com - they'll wait on hold and call you when they get someone on the line. Only way I actually got to talk to a person

0 coins

Hattie Carson

•

Its random af. My roomate got approved in 2 weeks. Im on week 6 with no movement. The system is broken.

0 coins

If you're in a union, talk to your shop steward IMMEDIATELY. That's what they're there for. Your contract probably has specific language about termination procedures that your employer might have violated. I'm in Local 79 and got my benefits after initial denial because my union stepped in.

0 coins

Kai Santiago

•

Thanks for this advice. I'm with Local 46 and honestly didn't think to go to the union for an unemployment issue. Will definitely reach out to them tomorrow.

0 coins

Local 46 has good reps, they'll help you out for sure. That's what your dues pay for! 👊

0 coins

Dyllan Nantx

•

Missing work for a family emergency is usually considered good cause and not misconduct. You'll likely get approved but the waiting is brutal. Have you certified every week even though you're not getting paid yet?

0 coins

Kai Santiago

•

Yeah I've been certifying every single week. At least that part of the website works...

0 coins

this might sound weird but try contacting your state senator's office! My claim was stuck for 2 months, called my senator's constituent services, and suddenly my claim was processed a week later. They have special contacts at the DOL.

0 coins

Anna Xian

•

I second this! My assemblyman's office got my claim unstuck when nothing else worked.

0 coins

I didn't know this was a thing! How do you even start that process?

0 coins

Just Google your address + 'NY state senator' to find yours, then call their office and explain your situation. They'll have you fill out a form giving them permission to inquire about your case.

0 coins

Rajan Walker

•

The fact that your in a union gives you a BIG advantage. My brother works union construction and got fired for something similar. The union basically told unemployment that the company violated the contract by firing him without following proper disciplinary steps. Took like 6 weeks but he got approved and backpay.

0 coins

The nysdol is completely overwhelmed still. I'm a UI adjudicator in a different state and I can tell you firing for a single absence with a good reason is NOT disqualifying in most states. But you need to actually get someone to LOOK at your claim which is the hard part.

0 coins

Since you work for UI, any insider tips on getting someone to actually review a claim faster? 👀

0 coins

Honestly, the most effective thing is getting through to a live person who can put notes on your file or flag it for review. The squeaky wheel gets the grease in the system.

0 coins

Ev Luca

•

have u checked ur spam folder? sometimes the important emails from unemployment go there. happened to me and i missed an important interview 😣

0 coins

Avery Davis

•

7 weeks is sadly normal these days. It took me 11 weeks last fall. The key is to keep certifying every week so when you do get approved, you'll get all that backpay at once. And yes, from what you described, you should definitely qualify with a family emergency absence.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,526 users helped today