Can I get NYS Department of Labor unemployment if I'm fired from my job?
So I think I'm about to get fired from my retail job next week and I'm freaking out about money. My manager has been writing me up for little things and I can tell they're building a case. If they fire me, can I still file for unemployment benefits through NYS Department of Labor? I've been working there for 8 months and this is my first real job. I heard you can't get unemployment if you get fired but my coworker said that's not always true. What's the actual rule?
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AstroAdventurer
Yes, you can potentially get unemployment if you're fired, but it depends on the reason. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control (like poor performance, lack of skills, or company downsizing). However, if you're fired for misconduct - like stealing, fighting, or repeatedly violating company policies after warnings - you'll likely be disqualified. The key is whether your termination was due to misconduct or not.
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Natasha Kuznetsova
•What counts as misconduct though? They've been writing me up for being a few minutes late and forgetting to do some cleaning tasks. Is that misconduct or just poor performance?
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AstroAdventurer
•Being late occasionally and forgetting tasks is usually considered poor performance, not misconduct. Misconduct requires deliberate wrongdoing or willful violation of company rules. If you were genuinely trying to do your job but struggling with time management or remembering tasks, that's typically not misconduct in NYS Department of Labor's eyes.
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Javier Mendoza
File your claim immediately after you're terminated, don't wait. Even if your employer contests it, you should still file. I was fired from my warehouse job last year for 'performance issues' and my employer tried to fight my unemployment claim. NYS Department of Labor sided with me because I wasn't deliberately doing anything wrong, just couldn't keep up with their pace. The whole process took about 3 weeks but I got approved.
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Emma Wilson
•Same thing happened to me! Got fired for not meeting sales goals at my last job but still got unemployment. The employer has to prove you did something intentionally wrong.
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Malik Davis
ugh dealing with NYS Department of Labor is such a nightmare though. I've been trying to call them for weeks about my claim and can never get through. The phone just rings and rings or hangs up on me. Does anyone know a better way to reach them??
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Isabella Santos
•I had the same problem calling NYS Department of Labor until someone told me about this service called Claimyr (claimyr.com). They basically call for you and get you connected to an actual agent. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through to NYS Department of Labor in like 20 minutes instead of spending hours on hold. Really wish I'd known about it sooner.
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Ravi Gupta
Just make sure you have all your documentation ready when you file. Pay stubs, any written warnings they gave you, dates of incidents they're claiming. If it goes to a hearing you'll need proof of everything.
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GalacticGuru
been there! got fired from target 2 yrs ago, still got unemployment. they said i wasnt fast enough at checkout but i was trying my best. nys labor dept approved me pretty quick
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