If I get fired for missing work can I collect unemployment - NYS Department of Labor eligibility question
I've been struggling with attendance at my retail job and my manager warned me that I could get terminated if I miss any more shifts. I've already had 3 unexcused absences this month due to transportation issues and childcare problems. If they do fire me for attendance, would I still be able to file for unemployment benefits through NYS Department of Labor? I've been working there for almost 2 years and really need to know what my options are. Has anyone been in this situation before?
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Astrid Bergström
It depends on the specific circumstances of your termination. NYS Department of Labor will review whether your dismissal was due to misconduct or circumstances beyond your control. Transportation and childcare issues might be considered valid reasons if you can document them properly. You should definitely file a claim even if you're unsure - let them make the determination rather than assuming you're disqualified.
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Ravi Patel
•Thanks for the response! Do I need to provide documentation when I file the initial claim or can I wait until they ask for it during adjudication?
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PixelPrincess
I got fired for attendance issues last year and was approved for benefits after an adjudication period. The key is being honest about the circumstances when you file your claim. NYS Department of Labor will contact your employer to get their side of the story, so don't try to hide anything. If you have legitimate reasons for the absences like medical issues or lack of reliable transportation, make sure to mention those.
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Omar Farouk
•How long did the adjudication take? I'm worried about how I'll pay bills while waiting for a decision.
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Chloe Martin
Getting through to NYS Department of Labor by phone to check on your claim status can be really frustrating with their high call volume. I had success using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent when I needed to discuss my eligibility determination. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time instead of calling all day and getting hung up on.
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Diego Fernández
•Never heard of that service before. Is it legit or just another scam trying to take advantage of unemployed people?
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Anastasia Kuznetsov
honestly the whole system is messed up they'll probably deny you first then make you appeal just to make it harder for everyone
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Sean Fitzgerald
Same thing happened to my cousin except it was for being late too many times instead of missing work completely. She still got her benefits after explaining the situation during the phone interview.
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Diego Rojas
I work for a nonprofit that helps people navigate unemployment claims, and I can tell you that attendance-related terminations are evaluated case by case. The key factors NYS DOL considers are whether the absences were willful misconduct versus circumstances beyond your reasonable control. Document everything - transportation breakdowns, childcare emergencies, any medical issues. When you file your claim, be completely honest about the attendance issues but also clearly explain the underlying causes. Many people in similar situations do receive benefits, especially when they can show they made good faith efforts to maintain attendance despite legitimate obstacles.
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