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Natalie Wang

Can I claim unemployment if I get fired from my job in New York?

I'm really stressed about my job situation right now. My manager has been writing me up for minor things and I'm worried they're building a case to fire me. If they do terminate me, would I be able to file for unemployment benefits through NYS Department of Labor? I've heard mixed things about whether you can get UI if you're fired vs if you quit. I've been at this company for 2 years and never had any serious issues before this new supervisor started. Just want to know what my options would be if the worst happens.

Yes, you can potentially claim unemployment even if you're fired, but it depends on the reason for termination. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control - like poor performance, personality conflicts, or lack of skills. However, you'll be disqualified if you were fired for misconduct, like theft, violence, or repeatedly violating company policies after warnings. The key is whether your employer can prove willful misconduct.

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That's helpful, thank you. What counts as misconduct exactly? I've been late a few times but never anything serious like stealing or fighting.

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I got fired last year for attendance issues and still got approved for unemployment. NYS Department of Labor said being late occasionally isn't misconduct unless you ignored direct warnings and kept doing it anyway. When you file your claim, be honest about why you were terminated but explain your side of the story. They'll contact your employer to get their version too during the adjudication process.

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How long did adjudication take for your claim? I'm dealing with something similar right now.

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Mine took about 3 weeks. They had to investigate because my employer disputed it initially, but once NYS Department of Labor reviewed everything they approved my benefits.

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Just went through this myself. Got fired for 'performance issues' but honestly I think my boss just didn't like me. Filed for unemployment anyway and got approved. The trick is that your employer has to prove misconduct, not just that they fired you. Poor performance usually doesn't count as misconduct unless you were deliberately sabotaging work.

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Did you have to appeal or did it get approved right away?

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Got approved on the initial determination. I think because I had documentation showing I was trying to improve and my employer couldn't prove I was deliberately doing bad work.

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ugh the whole system is so confusing!! I got fired from my last job for being 'difficult' (aka standing up for myself) and it took FOREVER to get through to someone at NYS Department of Labor to explain my situation. Calling their customer service is basically impossible - you'll be on hold for hours just to get disconnected. I actually ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Was way easier than trying to navigate the phone system myself.

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Never heard of that service before. How much does it cost?

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I don't remember the exact price but it was worth it to actually talk to someone who could look at my case. Better than wasting days trying to get through on my own.

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definitely file even if you're not sure! worst case scenario they deny you and you can appeal. I thought I wouldn't qualify when I got fired but turns out my employer couldn't prove misconduct so I got benefits. The weekly claim process is pretty straightforward once you're approved.

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I went through a similar situation last year when my supervisor started documenting every little thing I did. It felt like they were setting me up to fail. When I eventually got terminated, I was nervous about filing but decided to go for it anyway. The key thing I learned is that NYS Department of Labor looks at the whole picture - they want to know if you were willfully doing something wrong or if it was just a mismatch between you and management. In my case, I was able to show that I was trying to do my job properly and that the issues were more about conflicting management styles than actual misconduct. My advice is to start documenting everything now - save any emails showing you're trying to address concerns, keep records of your work performance, and if you do get terminated, file for unemployment right away. Don't let them intimidate you out of claiming benefits you might be entitled to.

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