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?
17 comments

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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Klaus Schmidt
I just went through this exact situation about 2 months ago! Got fired from my retail job for similar petty reasons (they said I wasn't "enthusiastic enough" during slow periods). Filed for unemployment the day I got fired and was approved within 3 weeks. The key things that helped me: 1) I applied online immediately through labor.ny.gov, 2) I was completely honest about why I was fired, and 3) I had saved screenshots of all the ridiculous write-ups they gave me. NYS Department of Labor sees right through employers who fire people for made-up reasons. Since you've been there 8 months and it sounds like performance issues rather than misconduct, you should be fine. The weekly benefit amount isn't huge but it definitely helped me cover rent while job hunting. Don't stress too much - the system actually works pretty well for situations like yours!
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Ana Erdoğan
•@Klaus Schmidt Thanks for sharing your experience! It s'really encouraging to hear from someone who went through the exact same thing. The not "enthusiastic enough reason" is so ridiculous - sounds just like the kind of petty stuff my manager is writing me up for. I m'definitely going to follow your advice and apply online immediately if this happens. Quick question - when you said you were approved within 3 weeks, did you start getting payments right away after that or was there additional waiting time? I m'trying to plan out my budget in case this goes south next week.
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Javier Torres
I'm really sorry you're going through this stress, but based on everything I've read here, you're in a much better position than you realize! I just want to add one practical tip that helped me when I was in a similar situation - start checking the NYS Department of Labor website now (labor.ny.gov) and maybe even create your account ahead of time if possible. When I got laid off unexpectedly, I was so grateful I had already familiarized myself with the interface because I was pretty emotional and scattered that day. Also, the write-ups you're describing for being 3 minutes late and folding issues are honestly laughable from a legal standpoint - those are classic examples of employers creating a paper trail but not actual misconduct. Keep documenting everything, don't quit voluntarily no matter what they say, and remember that even if they contest your claim, that doesn't mean they'll win. You've got 8 months of work history and what sounds like a solid case. Try to breathe and take it one day at a time!
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Maria Gonzalez
•@Javier Torres That s'brilliant advice about setting up the account ahead of time! I never would have thought to do that but you re'absolutely right - if I m'already stressed about losing my job, the last thing I want is to be fumbling around trying to figure out a new website on top of everything else. I m'going to go check out labor.ny.gov this weekend and get familiar with how it all works. Your point about my write-ups being laughable "from a legal standpoint actually" made me laugh for the first time in weeks - it s'good to get that perspective! Everyone in this thread has been so incredibly helpful and supportive. I came here panicking and now I feel like I actually have a plan and know what to expect. Thank you for taking the time to share your experience and encouragement!
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