Am I eligible for unemployment if I get fired from my job in New York?
So I think I might be getting let go from my retail job next week and I'm honestly panicking about money. My manager has been writing me up for little things and I can tell they're building a case. If they fire me, can I still file for unemployment benefits with NYS Department of Labor? I've been working there for about 8 months and this is my first real job since college. I really need to know if I'll have any income coming in because I have rent and student loans to pay. Does anyone know how this works?
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Yara Sayegh
Yes, you can still be eligible for unemployment benefits even if you're fired, but it depends on the reason. NYS Department of Labor will approve your claim if you were terminated for reasons beyond your control - like poor performance, lack of work, or company downsizing. However, if you're fired for misconduct (like stealing, being consistently late, or violating company policy), you'll likely be disqualified. The fact that they're writing you up for 'little things' suggests it might not be misconduct, but you'll need to provide details when you file your claim.
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Connor Murphy
•That's somewhat reassuring. The write-ups are for things like being 3 minutes late or not folding shirts the exact way they want. Nothing serious like stealing or being rude to customers.
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NebulaNova
been there myself last year. got fired from my warehouse job for 'performance issues' and NYS Department of Labor approved my claim no problem. took about 2 weeks to get my first payment though so start applying as soon as you lose the job
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Connor Murphy
•Good to know it worked out for you! Did they contact your employer to verify why you were fired?
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NebulaNova
•yeah they did but my boss told them it was just performance stuff, nothing major. as long as you weren't fired for gross misconduct you should be fine
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Keisha Williams
When you file your unemployment claim, NYS Department of Labor will send a notice to your employer asking for their side of the story. Your employer has 10 days to respond and contest your claim if they think you were fired for misconduct. If they contest it, your claim will go into adjudication while they investigate. During this time, keep filing your weekly claims even though you won't receive payments yet. The investigation can take several weeks, but if you're approved, you'll get back-pay for all the weeks you filed.
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Connor Murphy
•What exactly counts as misconduct? I'm worried they might try to make it sound worse than it was.
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Keisha Williams
•Misconduct usually means willful violations of company policy, like theft, harassment, excessive unexcused absences, or insubordination. Being a few minutes late occasionally or not meeting performance standards typically doesn't qualify as misconduct under NYS Department of Labor rules.
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Paolo Conti
ugh this whole system is SO stressful!! I got fired 3 months ago and I'm STILL waiting for my claim to be resolved because my stupid employer contested it. They said I was 'insubordinate' but really I just questioned why they were making us work mandatory overtime without proper notice. Now I'm broke and can't even get through to anyone at NYS Department of Labor to check on my case!
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Amina Diallo
•I had the same problem with not being able to reach anyone! I found this service called Claimyr that helped me get through to an actual NYS Department of Labor agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. They basically call for you and get you connected when an agent picks up. Saved me weeks of trying to call myself.
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Oliver Schulz
just make sure you file right away! I waited like 3 days after getting fired and apparently that hurt my case somehow?? also keep all your paperwork from work in case they try to lie about why they fired you
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Connor Murphy
•Good point about keeping paperwork. I have copies of all the write-ups they gave me so that should help prove it wasn't misconduct.
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Oliver Weber
I went through something similar when I got let go from my office job last year. The key thing is to apply online through the NYS Department of Labor website (labor.ny.gov) as soon as possible - you can file your claim the same day you lose your job. Make sure you have your Social Security number, driver's license, and employment history ready. You'll also need your employer's information including their address and phone number. The whole process takes about 30-45 minutes online. One thing that really helped me was keeping detailed notes about the reasons they gave for firing me, so I could provide accurate information when they asked. Don't let the stress get to you - based on what you've described, it sounds like you have a good chance of getting approved since those write-ups seem pretty minor.
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Jessica Suarez
•Thanks for the detailed breakdown! I didn't realize I could file the same day I get fired. That's super helpful about having all the documents ready too. I'm going to screenshot this so I remember what to bring when I apply. The 30-45 minute timeline is also good to know - I was worried it would take hours to complete.
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Cass Green
I'm sorry you're going through this stress - job insecurity is really tough! Based on what you've described, you should definitely be eligible for unemployment benefits. Minor write-ups for being a few minutes late or not folding clothes perfectly aren't considered misconduct by NYS Department of Labor standards. I'd recommend starting to gather your documents now (pay stubs, employee handbook, copies of those write-ups) so you're ready to file immediately if/when it happens. Also, don't let them pressure you into quitting - if you quit voluntarily, it's much harder to get benefits. Stay strong and let them fire you if that's what they're planning. You've got this!
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Yuki Kobayashi
•This is really solid advice! The point about not quitting voluntarily is crucial - I've seen people make that mistake and then struggle to get benefits. @Connor Murphy, definitely keep those write-ups as documentation. Also, when you do file your claim, be completely honest about the circumstances but don't embellish or downplay anything. The NYS Department of Labor investigators are pretty good at getting to the truth. Hang in there - retail jobs come and go, but you'll get through this!
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Zara Mirza
Hey Connor, I know this situation is really stressful but you're asking the right questions! I went through something similar about 6 months ago at my restaurant job. What really helped me was documenting everything - keep copies of those write-ups and any emails or texts from your manager. When I filed my claim, NYS Department of Labor asked for specific details about why I was terminated, and having that documentation made the process much smoother. Also, if you do get fired, don't sign anything they put in front of you without reading it carefully - sometimes employers try to get you to sign something that says you quit voluntarily. You've been there 8 months so you should definitely meet the work history requirements. The fact that you're getting written up for minor things actually works in your favor since it shows they're looking for reasons rather than you committing actual misconduct. Start preparing now and you'll be in good shape!
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Justin Chang
•@Zara Mirza This is exactly what I needed to hear! I m'definitely going to start documenting everything right now. I hadn t'thought about them trying to trick me into signing something that says I quit - that s'really good to know. It s'reassuring that having 8 months of work history should be enough. I m'still nervous but feeling more prepared now. Thanks for sharing your experience, it really helps to know other people have gotten through this successfully!
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