NYS Department of Labor unemployment if i get fired for attendance - am I eligible?

Getting fired for attendance is considered misconduct in most cases, which would disqualify you from unemployment benefits. NYS Department of Labor looks at whether your actions were willful or due to circumstances beyond your control. Since you mentioned childcare issues, you might have a case if you can prove these were legitimate emergencies and not just carelessness on your part.

i got fired for attendance last year and they denied my claim at first but I appealed it and won. you have to show that the attendance problems weren't your fault

The key is whether NYS Department of Labor considers it 'misconduct connected with work.' Being late occasionally isn't necessarily misconduct, but a pattern of tardiness that you could have prevented usually is. However, if you have legitimate reasons like medical issues or lack of childcare, that changes things. You should definitely apply even if you get fired - the worst they can do is deny it, and then you can appeal with documentation of your circumstances.

THE SYSTEM IS RIGGED AGAINST WORKING PEOPLE!!! They'll find any excuse to deny your claim. I had perfect attendance for 2 years then missed a few days for a family emergency and got fired. NYS Department of Labor denied me and said it was misconduct. These employers just want to avoid paying into unemployment insurance!

When I had trouble getting through to NYS Department of Labor about my misconduct disqualification, I used this service called Claimyr (claimyr.com) that helped me actually reach a real person to explain my situation. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super helpful because I kept getting hung up on when trying to call myself.

Apply anyway! Even if they fire you, you should file your claim right away. The adjudication process will determine if your attendance issues constitute misconduct. Don't assume you're disqualified - let NYS Department of Labor make that determination based on all the facts.

I went through something similar last year. The important thing to understand is that NYS Department of Labor distinguishes between different types of misconduct. Simple tardiness due to childcare issues often doesn't rise to the level of "willful misconduct" that would disqualify you. I'd recommend documenting everything - keep records of your childcare provider's schedule changes, any daycare closures, doctor visits for your child, etc. When you apply, be completely honest about the circumstances. Many parents face these exact challenges and the system does recognize legitimate childcare conflicts as different from just being irresponsible. Also, even if you're initially denied, the appeals process gives you a chance to present your case more thoroughly with all your documentation.