NYS Department of Labor unemployment eligibility - can you get unemployment if you are fired for attendance issues?
I got terminated from my retail job last week for excessive tardiness and calling out too much. I had some legitimate reasons like car trouble and my kid being sick, but I know I was late more than I should have been. My manager documented everything and said it was job abandonment essentially. Can I still file for unemployment with NYS Department of Labor or will they deny my claim? I'm worried they'll say it was misconduct. Has anyone been in this situation before? I really need the benefits while I look for something new.
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AstroAdventurer
You can definitely apply - attendance issues don't automatically disqualify you from unemployment benefits. NYS Department of Labor looks at whether it was willful misconduct or circumstances beyond your control. Since you had legitimate reasons like childcare and transportation problems, those might be considered good cause. Make sure to mention those specific circumstances when you file your claim and if they ask for documentation during adjudication.
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Jamal Carter
•Thanks, that gives me some hope. Should I mention the car problems and sick kid stuff right when I file the initial claim or wait until they ask?
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Mei Liu
I was fired for attendance issues about 6 months ago and got approved after adjudication. The key is documenting that your absences were for legitimate reasons beyond your control. NYS Department of Labor will review your case individually - they don't just automatically deny for attendance. Get any medical records for your child, repair receipts for your car, anything that shows you had valid reasons for missing work.
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Liam O'Sullivan
•How long did your adjudication take? I'm dealing with something similar and it's been 3 weeks already.
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Mei Liu
•Mine took about 5 weeks total but this was during a busy period. If you're having trouble getting through to NYS Department of Labor to check on your status, I used a service called Claimyr (claimyr.com) that helped me actually reach someone. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Way better than trying to call hundreds of times.
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Amara Chukwu
wait so being late too much isnt automatic disqualification?? I thought if you got fired for any reason you couldnt get benefits. this changes everything for me
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AstroAdventurer
•No, being fired doesn't automatically disqualify you. NYS Department of Labor distinguishes between misconduct (which can disqualify you) and circumstances beyond your control. Simple lateness without malicious intent often doesn't count as willful misconduct, especially if you had legitimate reasons.
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Giovanni Conti
I'm going through something similar right now - got fired for missing too many days when my mom was in the hospital. Filed my claim and they're reviewing it. The worst they can do is say no, but you definitely should try. Make sure you file within the first week after being terminated so you don't lose any potential benefits.
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Fatima Al-Hashimi
The unemployment system is so broken honestly. They make you jump through hoops even when you have legitimate reasons for missing work. Like what are you supposed to do, abandon your sick child to keep a minimum wage job? But definitely apply - document everything and fight it if they deny you initially.
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NeonNova
•Exactly! The system expects perfect attendance even when life happens. It's ridiculous.
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Eduardo Silva
I work in HR and deal with unemployment claims regularly. From what you described, you have a decent chance of getting approved. NYS Department of Labor will consider whether your employer had a clear attendance policy that you were aware of, and more importantly, whether your absences were due to circumstances beyond your reasonable control. Car trouble and child illness are typically considered valid reasons. When you file, be completely honest about the attendance issues but emphasize the legitimate reasons. Also, if your employer contests the claim, you'll have a chance to present your side during the hearing process. Don't let the termination discourage you from applying - you've paid into the system and deserve a fair review.
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