After being fired how long do I have to file for unemployment - NYS Department of Labor deadline?
Got terminated from my job yesterday for what they called 'poor performance' even though I think it was totally unfair. I'm still in shock honestly and trying to figure out my next steps. Does anyone know how long I have to file for unemployment benefits with NYS Department of Labor? Is there like a strict deadline after termination or can I wait a few weeks while I try to find something else first? I've never been fired before so I have no idea how this works. Also worried they might try to fight my claim since they fired me instead of laying me off.
9 comments


Emma Johnson
You should file as soon as possible! There's no strict deadline but you're missing out on money every week you wait. NYS Department of Labor has a one week waiting period anyway, so the sooner you apply the sooner that clock starts ticking. Being fired doesn't automatically disqualify you - they have to prove misconduct, not just poor performance.
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Leila Haddad
•Really? I thought being fired meant automatic denial. That's actually a relief. Should I file online or try calling them?
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Ravi Patel
File immediately on the NYS Department of Labor website. You can backdate your claim to when you lost your job but only for a limited time. Don't wait thinking you'll find work quickly - the job market is tough right now and you've already paid into the system through your paychecks. The worst they can say is no, but poor performance usually isn't considered misconduct unless it was willful.
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Astrid Bergström
•This is solid advice. I waited 3 weeks after my layoff thinking I'd find something fast and regretted it when my search took 4 months.
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PixelPrincess
ugh the NYSDOL website is such a pain to navigate but yeah definitely file ASAP! I had the same worry about being fired vs laid off but turns out it doesn't matter as much as you think. They'll probably send your employer a form asking about the termination and then decide from there. Just be honest about what happened when you file.
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Omar Farouk
I've been dealing with NYS Department of Labor for months trying to get through on their phone lines about my pending claim. If you need to actually talk to someone there, I found this service called Claimyr that basically calls them for you and gets you connected to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much time and frustration compared to calling myself.
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Leila Haddad
•Is that legit? Sounds too good to be true but I'll definitely check it out if the website gives me trouble.
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Ravi Patel
•I've heard of services like that. Probably worth it if you're having issues getting through but try the normal route first.
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Chloe Martin
File today!! Don't let your pride stop you - you paid into unemployment insurance for exactly this situation. Even if your employer contests it, you can appeal and often win. I got fired for 'attitude problems' and still got approved after they reviewed the case.
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