If you are fired for attendance can you get unemployment - NYS Department of Labor decision?
I was terminated from my warehouse job last week due to chronic tardiness and some absences. Over the past 6 months I was late about 15-20 times and called out sick maybe 8 days total. My supervisor gave me two written warnings but I kept having issues with my car breaking down and childcare falling through. Now I'm wondering if NYS Department of Labor will approve my unemployment claim or if being fired for attendance automatically disqualifies me? I've heard different things from people and I'm really stressed about this. Has anyone been in a similar situation with attendance issues and still gotten approved for UI benefits?
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Omar Fawaz
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.
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Freya Thomsen
•That's somewhat reassuring. I did always call in when I could, though a few times my car just wouldn't start and I couldn't reach anyone until later. Do you know how long the phone interview usually takes?
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Chloe Martin
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
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Freya Thomsen
•That gives me hope! Three weeks seems like forever when you have bills to pay but at least there's a chance.
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Diego Rojas
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.
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Anastasia Sokolov
•This is solid advice. I went through something similar when I got canned for attendance at my retail job. Having documentation made all the difference during my appeal hearing.
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StarSeeker
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.
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Freya Thomsen
•Interesting, I'll look into that if I can't get through on my own. The phone system is already driving me crazy and I haven't even filed yet.
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Sean O'Donnell
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!
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Zara Ahmed
•wow that's awful, sorry you went through that. at least you won the appeal though?
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Zara Ahmed
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
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Ava Martinez
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.
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