NYS Department of Labor unemployment eligibility - does termination for cause block benefits?
My manager is threatening to fire me for attendance issues and said I won't be able to get unemployment if they do. I've been late about 6 times in the past two months due to childcare problems. Is this true? If they fire me for cause, will NYS Department of Labor automatically deny my claim? I really need to know what my options are before this meeting tomorrow.
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Ana Rusula
NYS Department of Labor doesn't automatically deny claims just because someone says you were fired for cause. They investigate each case individually. Attendance issues can be tricky - if you had legitimate reasons like childcare emergencies and tried to communicate with your employer, you might still qualify. You'll need to file and let them make the determination.
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Noah huntAce420
•Thanks, that's reassuring. I did try to call in when I knew I'd be late, but my supervisor said it didn't matter. Should I document all the times I called in?
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Fidel Carson
been there. got fired for being late too many times but still got my benefits after the adjudication period. took like 3 weeks for them to decide but they approved it
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Noah huntAce420
•What did you tell them during the investigation? Did your employer fight it?
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Isaiah Sanders
The key thing is 'misconduct' vs legitimate reasons. NYS Department of Labor looks at whether you willfully violated company policy or if there were circumstances beyond your control. Childcare issues often fall into the latter category, especially if you made good faith efforts to notify your employer. Document everything - your attempts to communicate, any childcare emergencies, etc. Even if they fire you, file immediately and explain your situation fully during the phone interview.
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Xan Dae
•This is exactly right. I had a similar situation years ago and the adjudicator asked very specific questions about whether I tried to solve the childcare issue and communicate with my boss. They really do look at the whole picture.
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Fiona Gallagher
If you're having trouble reaching NYS Department of Labor to ask questions about this, I used claimyr.com recently when I couldn't get through their phone lines. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was actually pretty helpful for getting someone on the phone to explain the adjudication process when I was worried about my claim status.
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Noah huntAce420
•How much does that cost? I'm already stressed about money if I lose this job.
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Fiona Gallagher
•They focus on the value of actually reaching someone rather than the cost. Honestly when you're facing potential job loss, being able to get real answers about your unemployment eligibility is worth checking out.
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Thais Soares
NYS Department of Labor is such a nightmare to deal with. They'll probably take forever to decide and then ask for a million documents. But yeah you should still file even if they fire you for attendance.
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Nalani Liu
Wait, so if I get fired I can still get unemployment? I thought only people who got laid off could get benefits.
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Isaiah Sanders
•Common misconception! You can get unemployment if you're fired, as long as it wasn't for willful misconduct. NYS Department of Labor makes the final determination based on the facts of your case.
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