Am I qualified for unemployment benefits with NYS Department of Labor?
I'm trying to figure out if I'm even eligible to file for unemployment in New York. I worked at a retail store for about 8 months but got let go last week because they said I was late too many times. Before that job I was working part-time at a restaurant for like 6 months. I'm really stressed about money and don't know if I qualify or what the requirements are. Has anyone been in a similar situation? Do they look at why you got fired?
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Diego Flores
You might still qualify even if you were terminated for attendance issues, but it depends on the specific circumstances. NYS Department of Labor will investigate your separation to determine if it constitutes misconduct. Being late occasionally usually isn't considered willful misconduct unless it was excessive and you were repeatedly warned. You need to have earned enough wages in your base period and be able and available for work.
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Chloe Taylor
•What's a base period? And how do they decide what's excessive lateness vs just normal stuff?
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Anastasia Ivanova
The base period is usually the first 4 of the last 5 completed calendar quarters before you file. So if you file now, it would include your wages from both jobs. For the misconduct determination, they'll contact your employer and possibly schedule a hearing. Document everything - attendance records, any warnings you received, reasons for being late, etc.
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Sean Murphy
•This is good advice. I got approved even though I was fired for performance issues because I could show I was trying to improve and it wasn't willful.
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StarStrider
Ugh the NYS Department of Labor adjudication process takes FOREVER though. I've been waiting 3 weeks just to hear back about my eligibility determination. The whole system is so slow and frustrating when you need money for rent.
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Zara Malik
•If you're having trouble getting through to them by phone, I recently used this service called Claimyr (claimyr.com) that helped me reach an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get answers about my claim status instead of sitting on hold for hours.
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Luca Marino
just file anyway, worst they can say is no. i got approved when i thought i wouldnt because my boss was being a jerk about the whole thing
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Chloe Taylor
•Yeah I think I will file. How long does the whole process usually take?
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Diego Flores
The initial filing is quick online, but if your case goes to adjudication it can take several weeks. Make sure you continue filing your weekly claims even while waiting for the determination. If you're eventually approved, you'll get back pay for those weeks.
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