Can I file unemployment if I get fired - NYS Department of Labor eligibility?
Just got let go from my warehouse job yesterday and honestly not sure what my options are. My supervisor said it was due to attendance issues but I feel like they were looking for reasons to cut staff anyway. Never filed for unemployment before and wondering if getting fired automatically disqualifies you? I know there's probably paperwork involved but don't even know where to start with NYS Department of Labor. Has anyone been through this process after getting terminated?
10 comments
Join the conversation
Cedric Chung
You can definitely file for unemployment benefits even if you were fired, but it depends on the reason. NYS Department of Labor will review your case during something called adjudication to determine if the firing was for 'misconduct.' Attendance issues can be tricky - if it was due to circumstances beyond your control (like illness or transportation problems), you're more likely to be approved. You should file your claim as soon as possible even while they investigate.
0 coins
Hailey O'Leary
•Thanks! How long does the adjudication process usually take? I'm worried about paying rent next month.
0 coins
Talia Klein
File immediately on the NYS Department of Labor website. Even if they initially deny you, you can appeal the decision. I got fired for what my boss called 'poor performance' but it was really because I wouldn't work unpaid overtime. Won my appeal after providing documentation. The key is to document everything about why you were fired and be honest on your application.
0 coins
Hailey O'Leary
•Good to know about the appeal option. Did you have to go to a hearing or was it all done online?
0 coins
Talia Klein
•Mine was done over the phone. They scheduled a hearing where both me and my former employer had to explain our sides. Just make sure you have all your documentation ready.
0 coins
Maxwell St. Laurent
ugh this is exactly what happened to my brother last year. NYS Department of Labor took forever to make a decision and he was stressing about money the whole time. ended up getting approved after like 6 weeks but man those phone lines are impossible to get through when you have questions
0 coins
PaulineW
•If you're having trouble reaching NYS Department of Labor by phone, I actually used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on. Really helped when I needed to check on my adjudication status.
0 coins
Annabel Kimball
Wait so if I quit can I still get unemployment or is that different?? I've been thinking about leaving my toxic job but don't want to screw myself over financially
0 coins
Cedric Chung
•Quitting is much harder to get approved for unless you can prove it was for 'good cause' like unsafe working conditions or harassment. Getting fired is actually easier to qualify for than quitting voluntarily.
0 coins
Chris Elmeda
Just wanted to say good luck with your claim! The whole process is stressful but most people I know who got fired for non-serious reasons eventually got approved. Make sure you keep filing your weekly claims even while they're reviewing your case.
0 coins