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I've been with this company for 3 years and was recently fired for "tardiness" and was denied benefits. Should I appeal?

Brooklyn, NY |

I completely own up to being late a few times during my last few months with the company, however prior to moving to New York, I lived in NV and never had issues with being late to work. Most of the times that I was late to work in NY were due to lack of knowledge of the transit systems. I was put on a final warning and given 6 months before my slate was wiped clean. after 4 months of not being late, I had a complete accident and had the wrong schedule in my phone and showed up unknowingly late and once I was told that I came in at the wrong time, I immediately went to my managers so we could discuss my situation. They fired me on the spot. I was denied unemployment but am wondering if I should appeal their decision?

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Attorney answers 3


Unless you had a contract, you were an at-will employee and therefore could be fired for any reason or no reason so long as it was not an unconstitutional reason such as based on race, gender, religion, etc. There is no harm in appealing.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Appeal the unemployment decision? Yes, if you have the option of an appeal you should take it.


You should always appeal, you never know what might happen. That said, there is a good chance multiple latenesses will be considered a for cause termination. Employers need employees to be on time.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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