Can I draw unemployment if I get fired from my job in NY?
So I'm pretty sure my boss is going to fire me next week. Long story but we've had some disagreements about my schedule and I think he's looking for a reason to let me go. If I do get fired, can I still file for unemployment benefits? I've been at this job for about 8 months and before that I was unemployed for a while. I really need to know if I'll be able to get some income while I look for another job. Does it matter why they fire me?
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Aria Washington
Yes, you can usually get unemployment benefits even if you're fired, as long as it wasn't for misconduct. The NYS Department of Labor will review your case during adjudication to determine if you're eligible. They'll look at the reason for termination and whether it constitutes misconduct under their guidelines. Being fired for poor performance or not being a good fit generally won't disqualify you, but being fired for things like theft, violence, or repeatedly violating company policy could.
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Rajiv Kumar
•That's a relief! It's definitely not misconduct, just personality conflicts with management. How long does the adjudication process usually take?
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Liam O'Reilly
i got fired last year and got unemployment no problem. just make sure you file your claim right away after you get terminated. the sooner you apply the better
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Chloe Delgado
The key thing to remember is that you need to file your initial claim within one week of becoming unemployed to avoid losing any potential benefits. When you file, be completely honest about why you were terminated. The NYS Department of Labor will contact both you and your employer during the adjudication process. If your employer contests your claim, you might need to provide documentation or participate in a hearing, but don't let that scare you - many contested claims are still approved.
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Rajiv Kumar
•Good to know about the one week thing. I'll definitely file immediately if it happens. What kind of documentation should I keep?
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Chloe Delgado
•Keep any emails, written warnings, performance reviews, or other communications with your employer. Also document any conversations about the issues leading to termination if possible.
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Ava Harris
UGH the whole system is such a nightmare though. I got fired 2 months ago and my claim is STILL in adjudication. Called the NYS Department of Labor like 50 times and can never get through to a real person. It's ridiculous how long they make you wait when you need help paying bills!
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Jacob Lee
•Have you tried using Claimyr? I found out about it when I was having trouble reaching someone at NYS Department of Labor. They basically call for you and get you connected to an agent. I used it last month when my weekly claim got stuck and it saved me hours of trying to get through myself. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than sitting on hold forever.
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Emily Thompson
just went through this myself actually. got terminated in december and filed right away. took about 3 weeks for them to approve my claim but i did get it. employer tried to say it was misconduct but i had documentation showing it was really about budget cuts. definitely fight it if they deny you
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Sophie Hernandez
My cousin got fired and they told him he couldn't get unemployment but I think he was wrong about that. Sounds like maybe he just didn't fight it or something?
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Aria Washington
•It's possible he was initially denied but didn't appeal the decision. Many people don't realize they have the right to appeal a denial, and sometimes the initial determination gets overturned on appeal.
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