Can I get NYS Department of Labor unemployment benefits if I was terminated from my job?
Got let go from my warehouse job last Friday after 8 months. My supervisor said it was due to productivity issues but I feel like they never gave me proper training on the new equipment. I've never filed for unemployment before and I'm really confused about whether being terminated disqualifies me from getting benefits. Does anyone know if the NYS Department of Labor will approve my claim even though I was fired? I really need the income while I look for another job.
22 comments


StarSailor
You can definitely apply for unemployment benefits even if you were terminated! The NYS Department of Labor looks at whether you were fired for misconduct or just poor performance. Performance issues usually don't disqualify you unless they involved willful misconduct. You should file your claim right away - you can do it online at my.ny.gov. The worst they can do is deny it, but based on what you're describing, you have a good chance of getting approved.
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Sofia Morales
•Thank you! I was so worried I wouldn't qualify. Should I mention the sick days when I file my claim or just focus on the performance issues they cited?
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Mei Zhang
You can still get unemployment even if you were terminated, but it depends on the reason. If you were fired for misconduct or violating company policy, NYS Department of Labor might deny your claim. But if it was for performance issues or inability to do the job (not willful misconduct), you should be eligible. When you file your claim, be honest about the circumstances but focus on your side of the story.
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Jamal Brown
•Thanks! Should I mention that I feel the training was inadequate when I file my weekly claim?
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Dmitry Ivanov
I went through something similar last year. Got fired for 'attendance issues' but it was really because I had COVID and my employer didn't want to deal with it. Filed for unemployment anyway and got approved after about 3 weeks. The key is being honest about why you were terminated but also explaining your side of the story. NYS Department of Labor will investigate and make a determination. Don't assume you're disqualified just because you were fired!
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Ava Garcia
•How long did the investigation take? I'm worried about going weeks without any income.
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Dmitry Ivanov
•Mine took about 3 weeks total. They called my old employer and me to get both sides of the story. During that time I kept filing my weekly claims even though they were pending.
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Liam McConnell
I got fired from my retail job last year for being late too many times and still got approved for unemployment. The key is that your employer has to prove it was willful misconduct. Performance issues usually don't count as misconduct. File your claim ASAP though - you can't get benefits for weeks you don't file.
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Amara Oluwaseyi
•Wait really? I thought any termination meant you couldn't get benefits. This is good to know!
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Miguel Silva
ugh the whole system is so confusing!! i got fired from my retail job for being late too many times and i'm scared to even apply because what if they make me pay back the money later?? has anyone had that happen?
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StarSailor
•You won't have to pay anything back unless you commit fraud or lie on your application. Being late repeatedly might be considered misconduct though, depending on your employer's policies and whether you had warnings.
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Zainab Ismail
I had a nightmare trying to reach someone at NYS Department of Labor when my claim got stuck in adjudication after I was terminated. Spent hours on hold, kept getting disconnected. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at the unemployment office. They have this video demo that shows exactly how it works: https://youtu.be/qyftW-mnTNI. Saved me so much frustration and I got my claim sorted out within days instead of weeks.
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Sofia Morales
•That sounds too good to be true... how much does something like that cost?
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Zainab Ismail
•It's way cheaper than missing out on weeks of benefits while you're stuck in phone hell. The peace of mind alone was worth it for me.
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Connor O'Neill
File ASAP regardless of the reason you were terminated. The longer you wait, the more money you're potentially losing. Worst case scenario they deny your claim and you can appeal. I've seen people get approved for unemployment after being fired for much more serious things than performance issues.
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CosmicCaptain
Just be prepared that your employer might contest your claim. When they do, NYS Department of Labor will do an adjudication process where they review both sides. If you're having trouble getting through to clarify anything about your claim status, I used a service called Claimyr (claimyr.com) that helped me actually reach a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful than trying to call myself.
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Jamal Brown
•How long does the adjudication process usually take if they contest it?
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Mei Zhang
•Adjudication can take anywhere from 2-6 weeks depending on how busy they are. You should keep filing your weekly claims even during adjudication though.
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Giovanni Rossi
THE UNEMPLOYMENT SYSTEM IS SO BROKEN!!! I was fired for supposedly violating safety rules but it was really because I complained about working conditions. Filed my claim months ago and STILL fighting it. NYS Department of Labor seems to side with employers most of the time.
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Fatima Al-Maktoum
•That sucks but don't give up! You can appeal their decision if they deny you.
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Ava Garcia
Same thing happened to my brother - fired for 'poor performance' but really they just wanted to get rid of him before his probation period ended. He got unemployment no problem. Just be honest on your application and let NYS Department of Labor sort it out.
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Dylan Mitchell
yeah i got fired and got unemployment no problem just file online and see what happens worst they can do is say no
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