Can I apply for unemployment if I was terminated from my job in NY?
I got terminated from my job last Friday and I'm not sure if I can even apply for unemployment benefits. My manager said it was due to 'performance issues' but I think it was really because I missed a few days when my kid was sick. I've been working there for almost 2 years and never had any write-ups before this. Does anyone know if being terminated automatically disqualifies you from getting NYS Department of Labor benefits? I'm really stressed about how I'm going to pay my bills.
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Daniel Washington
You can definitely apply for unemployment even if you were terminated! The key is whether you were terminated for misconduct or not. If it was truly performance-related and not willful misconduct, you should be eligible. NYS Department of Labor will review your case during adjudication to determine if the termination was for disqualifying reasons. Missing work for sick children usually isn't considered misconduct unless you violated a clear attendance policy.
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Lauren Zeb
•Thank you! That makes me feel better. How long does the adjudication process usually take? I need to know when I might start getting benefits.
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Aurora Lacasse
same thing happened to me but mine was for being late too many times. still got approved after like 3 weeks of waiting. just apply and see what happens
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Anthony Young
The adjudication process can take anywhere from 2-6 weeks depending on how complex your case is. When you file your claim, be honest about the reason for termination but also provide your side of the story. If NYS Department of Labor needs more information, they'll contact both you and your former employer. Make sure to continue filing your weekly claims even while the adjudication is pending.
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Charlotte White
•Wait, you have to keep filing weekly claims even when it's still being reviewed? I thought you only started filing after it was approved?
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Anthony Young
•Yes, you must file weekly claims from the start or you could lose those weeks of benefits permanently. The system will hold your payments until adjudication is complete, but you need to establish those claim weeks.
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Admin_Masters
I had trouble getting through to NYS Department of Labor when I had questions about my termination case. If you need to speak with someone directly about your situation, I ended up using claimyr.com - they help you get connected to actual agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful when I couldn't get through the regular phone lines.
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Lauren Zeb
•Thanks for the suggestion! I've been dreading trying to call because I heard the wait times are crazy.
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Matthew Sanchez
ugh the whole system is such a mess. they make you jump through hoops even when it's obvious you deserve benefits. my friend got denied at first for something similar and had to appeal. took months to get resolved. good luck dealing with the bureaucracy!
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