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GalacticGuru

Do you only get NYS Department of Labor unemployment if fired - confused about eligibility

I'm really confused about when you can actually get unemployment benefits in New York. My friend told me you only qualify if you get fired, but I've heard other people say you can get it if you quit too? I'm thinking about leaving my current job because the working conditions are really bad but I don't want to lose out on unemployment if I need it. Does anyone know the actual rules for NYS Department of Labor eligibility? I've been working at this place for over a year and paying into the system so I feel like I should be able to get benefits if I need them.

Had a nightmare trying to reach someone at NYS Department of Labor to ask about this exact question last month. Spent hours on hold and kept getting disconnected. Finally used a service called Claimyr that got me through to an actual agent who explained everything clearly. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than trying to call myself.

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Wow never heard of that before, does it actually work? I've been trying to get through to NYS Department of Labor for weeks about my pending claim.

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Whatever you do, don't just quit without having a solid plan. Even if you think you have good cause, there's always a risk the NYS Department of Labor will see it differently. Maybe try to get fired instead? I know that sounds weird but sometimes it's better for your unemployment case.

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I wouldn't recommend trying to get fired - that could backfire if they fire you for misconduct. Better to document everything and consult with someone who knows the system before making any decisions.

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Hunter Brighton

Is it better to quit or be fired for unemployment benefits - NYS Department of Labor rules?

My boss has been making my life hell at work and I'm thinking about just walking out. But my friend said if I quit I won't get unemployment benefits from NYS Department of Labor. Is it actually better to wait and get fired instead? What are the rules about this? I really need the income support if I lose this job because I have rent and bills to pay. Has anyone dealt with this situation before?

The whole system is rigged against workers anyway. Whether you quit or get fired, they'll find some excuse to deny your claim. I've seen people get denied for the most ridiculous reasons. NYS Department of Labor just wants to save money.

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While the system can be frustrating, it's not accurate to say it's completely rigged. Many people do successfully receive benefits when they qualify. The key is understanding the rules and having proper documentation.

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If you're really in an abusive situation, talk to HR first if your company has an HR department. File a formal complaint. That creates a paper trail that could help your case if you do end up quitting for good cause. Also look into whether your state has whistleblower protections.

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Keisha Brown

What is an unemployment appeals tribunal - got notice for hearing next month

I received a letter saying I have to appear before an unemployment appeals tribunal next month and I'm completely lost. My claim was denied because they said I quit voluntarily but I was actually laid off due to company downsizing. The letter mentions something about a 'tribunal hearing' but doesn't really explain what that means. Is this like going to court? Do I need a lawyer? I've never dealt with anything like this before and I'm really stressed about it. Can someone explain what actually happens at these tribunal hearings?

If you're having trouble reaching NYS Department of Labor to get more information about your hearing, I used a service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what documents I needed to gather before my tribunal hearing.

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Thanks for sharing that! I've been trying to call NYS Department of Labor for days with no luck.

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Just went through my tribunal hearing two weeks ago and won! The judge asked detailed questions about the circumstances of my separation. My employer didn't even show up to the hearing which helped my case. Make sure you speak clearly and stick to the facts. Don't get emotional even if you're frustrated. The decision came in the mail about 10 days later.

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That gives me hope! Did you get back pay for all the weeks you were denied?

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Paolo Bianchi

Can you get unemployment if you're fired for attendance issues in NY?

So I got fired from my warehouse job last week because I had too many late arrivals and a few no-shows over the past 6 months. My supervisor said it was 'willful misconduct' but honestly I was dealing with some personal stuff and transportation problems. I know attendance issues can disqualify you but I'm not sure if my situation counts as misconduct or not. Has anyone successfully gotten unemployment after being fired for attendance? What did you tell NYS Department of Labor when you filed your claim?

honestly depends on how bad your attendance was and if you warned them about your problems ahead of time. I got fired for attendance but got benefits because I had told my manager about my kid's medical appointments and they said it was fine then fired me anyway. the key is showing you tried to work with them

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File anyway! worst case they say no but at least you tried. my friend got approved after being fired for attendance and she was shocked

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Yeah that's what I'm thinking. I've got nothing to lose at this point and I really need the income while I look for another job.

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StarSailor

If you quit do you get unemployment benefits from NYS Department of Labor?

I'm thinking about leaving my job because my manager has been making my life miserable for months. But I'm worried about money and need to know - if you quit do you get unemployment benefits? I heard different things from people and I'm confused about what NYS Department of Labor actually allows. My friend said you can never get benefits if you quit but someone else told me there are exceptions. Can anyone explain how this works? I really can't stay at this job much longer but I need some income while I look for something else.

same boat here... my workplace is toxic but I'm scared to quit without knowing for sure about benefits

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I tried this route when I quit my job at a restaurant because they weren't following safety protocols and I kept getting burned. NYS Department of Labor denied my claim initially but I appealed with photos of my injuries and a statement from the health department about violations at the restaurant. Eventually got approved but it took 4 months total. The appeal process is brutal but sometimes it's worth fighting if you really had good cause to leave.

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