How to win unemployment appeal for attendance - NYS Department of Labor hearing next week
I got fired for attendance issues back in November and NYS Department of Labor denied my initial claim. Now I have an appeal hearing scheduled for next week and I'm freaking out. My employer said I had 8 unexcused absences but 3 of those were medical appointments I couldn't reschedule and 2 were when my car broke down. I did call in each time but apparently that wasn't enough. Has anyone successfully won an attendance appeal? What documentation should I bring to prove my absences were justified? I really need these benefits to get by.
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Mikayla Brown
For attendance appeals, you need to prove your absences were for compelling reasons beyond your control. Bring medical documentation for those appointments - doctor notes with dates that match your absence dates. For the car breakdowns, bring repair receipts or tow truck receipts with timestamps. Also bring any company handbook or policy documents that show what constitutes excused vs unexcused absences. The key is showing you followed proper notification procedures and had valid reasons.
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Logan Stewart
•Thank you! I do have the doctor notes and one repair receipt. Should I also bring phone records showing I called in each time?
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Sean Matthews
Document everything chronologically. Create a timeline showing each absence date, the reason, when you notified your employer, and what documentation you have. I won my attendance appeal last year by proving my employer's policy was inconsistently applied - other employees had similar attendance issues but weren't terminated. Also check if your employer gave you any written warnings or chances to improve before firing you.
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Logan Stewart
•That's a great point about inconsistent application. There were definitely other people with worse attendance who kept their jobs.
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Ali Anderson
ugh this is exactly what happened to me!! except i lost because i couldn't prove the car thing. definitely get those repair receipts if u still can. also if you have any texts or emails to your boss about being sick those help too
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Zadie Patel
I had trouble reaching someone at NYS Department of Labor to clarify what evidence would be most helpful for my appeal hearing. Kept getting busy signals and automated messages. Finally used this service called Claimyr (claimyr.com) that connects you directly to unemployment agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was able to speak with someone who explained exactly what documentation carries the most weight in attendance appeals. Might be worth checking out since you only have a week to prepare.
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Logan Stewart
•I'll look into that, thanks. I've been trying to call for days with no luck.
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A Man D Mortal
The unemployment system is so rigged against workers it's ridiculous. They expect you to have perfect attendance even when life happens. My friend got denied for missing work when her kid was in the hospital. HOSPITAL! But somehow that's not a good enough reason according to NYS Department of Labor. You almost need a lawyer for these appeals.
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Declan Ramirez
•That's awful about your friend's situation. The system definitely seems stacked against regular people trying to deal with real life emergencies.
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Emma Morales
Quick question - did you check if your company has a progressive discipline policy? Like written warning first, then suspension, then termination? If they skipped steps that could help your case too
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Logan Stewart
•I only got one verbal warning about a month before they fired me. No written warnings at all.
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Maya Jackson
•That could actually work in your favor! If their employee handbook requires progressive discipline and they jumped straight from one verbal warning to termination, that shows they didn't follow their own procedures. Make sure to bring a copy of the employee handbook to your hearing if you still have it. The judge will want to see if proper protocol was followed.
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