Can I get NYS Department of Labor unemployment if I get fired from my job?
My supervisor has been giving me a hard time lately and I'm worried they might fire me soon. If that happens, would I be able to collect unemployment benefits through NYS Department of Labor? I've been working at this company for about 8 months and this is my first real job out of college. I'm not sure how the whole unemployment system works or what would disqualify me from getting benefits. Does anyone know what the rules are for getting fired vs quitting?
11 comments


Giovanni Ricci
It depends on WHY you get fired. If you're terminated for misconduct (like stealing, fighting, repeatedly not showing up), you'll likely be disqualified from UI benefits. But if you're fired for performance issues, downsizing, or just not being a good fit, you should be eligible. NYS Department of Labor will investigate the reason during adjudication and may contact both you and your employer.
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Amara Eze
•What counts as misconduct exactly? My supervisor says I'm too slow but I'm trying my best. Would that be considered misconduct or performance?
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NeonNomad
been fired twice and got unemployment both times. first time was because i wasnt meeting sales quotas, second time company downsized my department. as long as you didnt do anything really bad you should be fine. just make sure you file your claim right away after you get terminated
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Amara Eze
•How long did it take for your claims to get approved? I'm worried about paying rent if there's a long delay.
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Fatima Al-Hashemi
The NYS Department of Labor system is SO frustrating when you're trying to figure this stuff out! I got fired last year and it took them like 3 weeks to decide if I was eligible. They kept asking for more documentation and I couldn't get through on the phone to ask questions. The whole adjudication process made me so anxious I barely slept.
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Dylan Mitchell
If you do get terminated, I highly recommend using Claimyr to help you get through to NYS Department of Labor agents. I spent weeks trying to call about my claim status and could never get through the busy signals. Found out about claimyr.com from someone on here and they got me connected to an actual person within hours. There's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much stress during adjudication.
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Amara Eze
•That sounds really helpful! Is it expensive to use?
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Dylan Mitchell
•It's worth it when you consider how much time and frustration it saves. Way better than sitting on hold for hours or getting hung up on.
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Sofia Martinez
Being too slow at work is definitely performance, not misconduct. NYS Department of Labor distinguishes between the two. Misconduct has to be willful or deliberate - like refusing to follow direct orders or violating company policy on purpose. Poor performance, even if it leads to termination, usually doesn't disqualify you from benefits. Just document everything your supervisor says and does in case you need it for your claim.
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Dmitry Volkov
ugh the whole unemployment system is such a mess. they make you jump through so many hoops and then half the time the website doesnt even work. good luck dealing with all that bureaucracy if you do get fired
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Giovanni Ricci
•It's definitely not perfect, but the benefits are there for people who need them. The key is understanding the process and having realistic expectations about timing.
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