Can I collect unemployment if I get fired from my job in NY?
My supervisor has been writing me up for minor things lately and I'm worried they're building a case to fire me. If I do get terminated, would I still be eligible for NYS Department of Labor unemployment benefits? I've been at this retail job for 8 months and never had issues before the new manager started. I'm really stressed about this because I need to know if I'll have any income coming in if they let me go. Has anyone been in this situation before?
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Luca Ricci
Yes, you can usually collect unemployment if you're fired, but it depends on WHY you were fired. NYS Department of Labor will approve your claim unless you were terminated for misconduct. Things like poor performance, downsizing, or personality conflicts usually qualify you for benefits. However, if you were fired for things like stealing, being drunk at work, or repeatedly violating company policies after warnings, that could be considered misconduct and disqualify you.
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Nia Williams
•Thanks! The write-ups are for things like being 3 minutes late or not smiling enough at customers. Does that count as misconduct?
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Luca Ricci
•No, those sound like performance issues rather than misconduct. Being a few minutes late occasionally isn't usually enough for a misconduct disqualification unless it was excessive and you were repeatedly warned.
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Aisha Mohammed
I got fired from my last job for 'performance issues' and NYS Department of Labor approved my claim right away. The key thing is whether your employer contests it. If they do, you might have to go through an adjudication process where they review the details of your termination. Make sure you keep copies of any write-ups or documentation they give you.
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Ethan Campbell
•How long did your adjudication take? I'm in a similar situation and my claim has been pending for 2 weeks now.
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Yuki Watanabe
Just a heads up - if you do get fired and need to contact NYS Department of Labor about your claim status, I had a nightmare time getting through on the phone. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr (claimyr.com) that calls for you and gets you connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed to check on my adjudication status.
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Carmen Sanchez
•Is that service legit? Sounds too good to be true with how impossible it is to reach anyone at NYS Department of Labor these days.
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Yuki Watanabe
•Yeah it's real, I was skeptical too but it actually worked. Way better than spending my whole day calling and getting nowhere.
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Andre Dupont
ugh the unemployment system is such a mess!! I got fired last year and it took FOREVER to get approved even though it was clearly not my fault. NYS Department of Labor makes you jump through so many hoops and the whole process is designed to discourage people from applying. But stick with it because you deserve those benefits if you paid into the system!
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Nia Williams
•That's so frustrating! How long did it end up taking for you to get your first payment?
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Zoe Papadakis
definitely file as soon as you lose your job! even if ur not sure you'll qualify, its better to apply and get denied than to miss out. the worst they can say is no
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