Can I get NYS Department of Labor unemployment benefits if I get fired from a job?
I'm really worried about my job situation right now. My supervisor has been writing me up for minor things and I think they might be trying to fire me soon. If I do get fired, am I eligible for unemployment benefits through NYS Department of Labor? I've been at this company for 2 years and this would be my first time filing for UI. I keep hearing different things about whether you can collect if you're terminated vs if you quit. What's the actual rule here?
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Emma Davis
Yes, you can generally get unemployment if you're fired, but it depends on the reason. NYS Department of Labor will approve your claim unless you were terminated for 'misconduct.' Minor performance issues or downsizing usually qualify you for benefits. However, if you were fired for things like stealing, violating company policy, or willful misconduct, you might be disqualified.
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Javier Morales
•That's a relief to hear. The write-ups are mostly for things like being 5 minutes late or not following some procedure exactly. Nothing serious like theft or anything.
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GalaxyGlider
i got fired last year for attendance issues and still got my unemployment approved after going through adjudication. took about 3 weeks to hear back but they said attendance problems don't count as misconduct unless its really excessive
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Malik Robinson
•How excessive is 'really excessive'? I've been late maybe 8-10 times over the past few months because of train delays.
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Isabella Silva
When you file your claim with NYS Department of Labor, they'll investigate the circumstances of your termination. This is called adjudication. Your employer will have a chance to provide their side of the story. The key is whether your actions were willful misconduct or just poor performance. Being late occasionally due to transportation issues typically isn't considered misconduct. Make sure to document everything - save any emails, write-ups, or communications about your performance.
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Javier Morales
•Should I start documenting things now before anything happens? I have all my write-ups saved already.
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Isabella Silva
•Yes, definitely keep records of everything. Also document any conversations with your supervisor about your performance. If they do terminate you, ask for the reason in writing if possible.
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Ravi Choudhury
Same thing happened to my cousin last month, she was getting written up for stupid stuff and then they fired her. She filed for unemployment right away and got approved. The NYS Department of Labor website has a whole section about misconduct vs non-misconduct terminations if you want to read more about it.
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Freya Andersen
If you do get fired and NYS Department of Labor initially denies your claim, don't give up! You have the right to appeal their decision. I had to go through the appeal process when I got terminated and it was worth it. The hearing officer was fair and looked at all the evidence. Just make sure you file your weekly claims even during the appeal process.
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Javier Morales
•How long does the appeal process usually take? I'm worried about paying rent if this drags on for months.
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Freya Andersen
•Mine took about 6 weeks total, but if you win the appeal you get back pay for all the weeks you were eligible. The key is to keep filing your weekly claims during the whole process.
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Omar Farouk
If you need to reach someone at NYS Department of Labor to check on your claim status or get help with the process, I found this service called Claimyr that actually gets you through to a real agent. Their website is claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck trying to call for weeks and this got me connected within a day to resolve my adjudication issue.
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Javier Morales
•That sounds helpful! The few times I've tried calling NYS Department of Labor for other things I could never get through.
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