Are you entitled to unemployment if you are fired - NYS Department of Labor eligibility question

You can absolutely file for unemployment even if you were fired! NYS Department of Labor distinguishes between being fired for misconduct versus being fired for other reasons like performance or company needs. Performance issues generally don't qualify as misconduct unless there was willful violation of company policy. You should definitely file your claim and let them make the determination. The worst they can say is no, but you might be surprised.

File immediately, don't wait. I was fired for attendance issues a few months ago and got approved for UI benefits. NYS Department of Labor looks at whether your actions were willful and substantial misconduct. Simple performance problems or even minor policy violations usually don't rise to that level. The key is being honest on your application and during any phone interview they might schedule.

Had a nightmare trying to reach NYS Department of Labor when my claim got flagged for review after being fired. Kept getting busy signals and disconnected calls for days. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent in minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Worth checking out if you run into phone issues because getting through to explain your situation can make all the difference.

depends on what they fired u for honestly... if it was like stealing or fighting then no way ur getting benefits but if its just ur boss didnt like ur work then ya probably fine

The unemployment system is so messed up though!! They make you jump through hoops even when you clearly deserve benefits. I got fired from my last job for 'attitude problems' which was basically just me standing up for myself when my manager was being unreasonable. Still got my UI approved but had to go through this whole adjudication process where they interviewed me and my former employer. Such BS that they put you through that stress when you're already dealing with losing your job.

Just to clarify the misconduct standard for everyone - NYS Department of Labor defines misconduct as behavior that shows willful disregard of the employer's interests, deliberate violation of rules, or disregard of standards that the employer has a right to expect. Being fired for inability to perform the job, lack of skills, or good faith errors typically won't disqualify you from receiving benefits. Always file your claim first and let them investigate rather than assuming you're not eligible.

I went through something similar last year when I got let go for "not meeting expectations." The company was clearly downsizing but used performance as the reason. I was terrified to file thinking I'd get denied, but I'm so glad I did. NYS Department of Labor approved my claim after a brief phone interview where they just asked me to explain what happened. The key thing they seemed to care about was whether I was deliberately doing a bad job or violating clear policies - which I wasn't. My advice is definitely file ASAP since there's a waiting period anyway, and be completely honest about the circumstances. Even if you're unsure, let them make the call rather than missing out on benefits you might be entitled to.