Can I get NYS Department of Labor unemployment when fired for cause - what are my options?
I was terminated last week from my job at a retail store for what they're calling 'violation of company policy.' Honestly, I was late a few times because of childcare issues and missed some shifts when my kid was sick. My manager said this constitutes 'willful misconduct' but I feel like they're being unreasonable - I'm a single parent trying my best. Can I still file for unemployment benefits with NYS Department of Labor even though I was fired for cause? I really need the income while I look for something new. Has anyone been in a similar situation where you were able to get benefits after being terminated?
9 comments
Join the conversation
Sean O'Connor
You can definitely still apply for unemployment benefits even when fired. NYS Department of Labor looks at whether your actions constituted 'misconduct' under their definition, which is pretty specific. Being late due to childcare issues might not qualify as willful misconduct if you can show it was beyond your control. When you file your claim, explain the circumstances clearly - mention that you're a single parent and the attendance issues were due to legitimate childcare emergencies. The worst they can say is no, but you might be surprised.
0 coins
Anastasia Sokolov
•Thank you! I was worried they'd automatically deny me because of the termination. Should I mention the childcare situation when I file online or wait until they ask for more details?
0 coins
Zara Ahmed
File your claim immediately - don't wait. Even if NYS Department of Labor initially denies your claim, you have the right to appeal. I've seen cases where people were denied initially but won on appeal when they could provide documentation about their circumstances. Keep any records you have about your childcare situation, doctor's notes for your child's illness, anything that shows the absences weren't just you being irresponsible. The key is proving it wasn't deliberate misconduct.
0 coins
Luca Conti
•This is good advice. I was denied initially for attendance issues but won my appeal when I showed medical documentation. The hearing officer was much more understanding than the initial reviewer.
0 coins
Nia Johnson
omg this is exactly what happened to me!!! I got fired for being late too many times because my babysitter kept canceling last minute. I was so stressed about applying for unemployment because I thought being fired meant automatic denial. Did you try calling NYS Department of Labor to ask about your specific situation? I've been trying to get through for days but the phone lines are always busy.
0 coins
CyberNinja
•If you're having trouble getting through to NYS Department of Labor by phone, I recently discovered this service called Claimyr that helps you actually reach an agent. They have this system that handles the wait time and connects you when someone's available. Check out claimyr.com - they even have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth trying if you need to speak to someone about your specific termination situation.
0 coins
Mateo Lopez
The system is so messed up. They expect people to choose between keeping their job and taking care of their kids. I got fired for similar reasons and it took MONTHS to get my benefits sorted out. Even when I won my appeal, they made me jump through so many hoops. Just be prepared for a fight if they deny you initially.
0 coins
Anastasia Sokolov
•How long did your whole appeal process take? I'm worried about how I'll pay bills if this drags on for months.
0 coins
Aisha Abdullah
yeah you can still get benefits. i was fired for attendance too and got approved after like 3 weeks. just file and see what happens.
0 coins