If you are fired for attendance can you get unemployment - NYS Department of Labor decision?

Attendance-related terminations aren't automatically disqualifying in New York. NYS Department of Labor will look at whether your absences were for reasons beyond your control. Car problems and childcare emergencies can sometimes be considered valid reasons, especially if you notified your employer when possible. You should definitely file your claim and explain your circumstances during the phone interview. The key is whether they determine it was 'misconduct' or just inability to meet job requirements due to legitimate issues.

same thing happened to my brother last year - fired for missing too many days because his kid kept getting sick at daycare. NYS Department of Labor approved his claim after like 3 weeks in adjudication. think it depends on if they believe you had good cause

You'll want to gather documentation to support your case - mechanic receipts for car repairs, daycare records showing your child was sick, anything that proves these weren't just excuses. NYS Department of Labor investigators will review both your testimony and your employer's response. If your employer can only show you were late/absent but can't prove it was willful misconduct, you have a good shot at approval. The burden is on them to prove misconduct occurred.

I had a nightmare trying to reach NYS Department of Labor about my adjudication status when I was fired for similar reasons. Kept getting busy signals and when I did get through, I'd get disconnected after waiting on hold forever. Finally found this service called Claimyr that helped me get through to an actual agent. You can check out their video demo at https://youtu.be/qyftW-mnTNI and their site is claimyr.com. Made the whole process way less stressful since I could actually talk to someone about my case.

THE SYSTEM IS RIGGED AGAINST WORKERS!!! I was fired for missing work when my mom was in the hospital and they STILL denied my claim initially. Had to appeal and it took 2 months to get it overturned. NYS Department of Labor always sides with employers first. Document EVERYTHING and prepare for a fight!

just went through this myself got fired for being late too much but mine was approved pretty quick maybe 2 weeks? guess it depends on your situation and if your boss fights it

I went through something really similar about 6 months ago - got fired from my job at a distribution center for attendance issues. I had about 12 tardies and 5 absences over 4 months, mostly due to my elderly father's medical appointments and my own transportation issues. NYS Department of Labor did approve my claim but it took about 4 weeks total. The key was being completely honest during the phone interview and explaining that I always tried to give notice when possible. They asked detailed questions about each absence and whether I followed company policy for reporting. My former employer did contest it initially, but the adjudicator determined that caring for a family member and legitimate transportation problems weren't considered willful misconduct. Definitely file your claim right away and don't let the fear of denial stop you - you might be surprised by the outcome.

I work as a case manager and deal with unemployment claims regularly. From what I've seen, NYS Department of Labor puts a lot of weight on whether you made good faith efforts to address the attendance issues and if the reasons were truly beyond your control. Car breakdowns and childcare emergencies are generally viewed more favorably than just oversleeping or not caring. The fact that you received warnings shows your employer tried to work with you, which can actually help your case - it demonstrates the issues weren't entirely your fault if you kept trying. Make sure to emphasize any steps you took to resolve the problems (looking for backup childcare, trying to fix your car, etc.) during your interview. Good luck!

I had a similar situation about a year ago - fired for excessive tardiness due to a combination of public transit issues and medical appointments for my chronic condition. I was really worried about getting denied since I had about 18 late arrivals over 5 months. NYS Department of Labor did approve my claim after about 3 weeks, but the process was nerve-wracking. During the phone interview, they asked very specific questions about each incident and whether I had documentation. What helped my case was that I had saved all my emails to my supervisor about the transit delays and had medical records showing my appointment times. The adjudicator told me that the key factor was that I wasn't being deliberately negligent - I was dealing with circumstances largely outside my control and had made efforts to communicate with my employer. Definitely gather any evidence you have about the car problems and childcare issues, and file your claim as soon as possible. The worst they can do is say no, and you might be pleasantly surprised.