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same thing happened to me!! filed anyway and got approved. worst case scenario they deny you and you can appeal it. but like everyone said just file now dont wait
I went through this exact same situation about 6 months ago - got fired for "performance issues" after 3 years at my company with zero written warnings. I was terrified I wouldn't qualify but I filed anyway and got approved! The key thing is that NYS Department of Labor distinguishes between being unable to do the job versus unwilling to do the job. If you were genuinely trying but just struggling with the role, that's not misconduct. Document everything you can remember about your termination meeting and any conversations leading up to it. Also, when you file online, be honest but brief - don't over-explain or make it sound like you agree you deserved to be fired. Good luck!
Wait I thought there was like a 30 day rule or something? My cousin said you had to file within a month of losing your job or you couldn't get anything. Maybe that's different states though?
Don't worry Sydney, you haven't missed any deadline! In New York, there's no time limit for when you can first file your unemployment claim. The important thing to understand is that benefits only start from the week you actually file your application, not from when you first became unemployed. So those 6 weeks you've been out of work unfortunately won't be covered, but you can absolutely still file now and start receiving benefits going forward. Since your hours were cut to almost nothing, that could definitely qualify as "constructive dismissal" which would make you eligible. I'd recommend filing your claim online at the NYS DOL website today - the sooner you file, the sooner your benefits can start.
unpopular opinion but the whole system needs to be rebuilt from scratch its literally held together with duct tape at this point 🤡
Had this exact same issue last month! Turns out my claim was stuck in some kind of review queue even though I got the approval texts. What finally worked for me was calling the technical support line (not the regular claims line) at 888-581-5812. They have a separate queue for website/system issues and I actually got through in about an hour. The rep was able to see that my account had some kind of flag that was preventing certification and cleared it on the spot. Worth trying before paying for those callback services!
Nothing bad about it at all!! I filed when my restaurant closed during covid and it literally saved my life financially. The stigma is just old fashioned thinking.
Grace, please don't let outdated stigma prevent you from getting benefits you've earned! I work in HR and can tell you that filing for unemployment absolutely does not show up on background checks or hurt your employability. In fact, many employers understand that layoffs happen and it's completely normal. The only thing that might look bad to future employers is if you turn down reasonable job offers while collecting benefits, but as long as you're actively looking for work (which you have to document anyway), you're fine. File as soon as possible - you typically can't get benefits for weeks before you applied, so every day you wait is money lost. The NYS Department of Labor website walks you through everything step by step.
This is such helpful perspective from someone in HR! I really appreciate you taking the time to explain how this actually works from an employer's standpoint. It's reassuring to know that employers understand layoffs are just part of business sometimes. I'm definitely going to file today - you're right that waiting is just costing me money at this point.
Malik Thompson
Just make sure you have documentation of everything - your performance reviews, any disciplinary actions, emails, etc. If they contest your claim you'll want evidence to support your case during the adjudication process.
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Rachel Clark
I went through something similar a few months ago. When you file your claim online with NYS DOL, be very detailed about the circumstances of your termination. Write down exactly what your supervisor said and any context about the "performance issues" they mentioned. If you have any employee handbook pages about progressive discipline or performance improvement processes that weren't followed, that could help your case. The system is designed to help workers who lose their jobs through no fault of their own, and lack of proper training/feedback sounds like it falls into that category. Don't let them intimidate you - you paid into this system and have every right to file a claim.
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