Can I get unemployment if I get terminated from my job in New York?
My supervisor pulled me into HR today and said they're considering letting me go due to 'performance issues' but honestly I think it's because I've been asking questions about workplace safety violations. If they do terminate me, will I be able to collect unemployment benefits? I've been working at this company for about 8 months and this is my first real job out of college. I'm really stressed about how I'm going to pay rent if this happens. Does NYS Department of Labor automatically deny claims if you get fired?
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StarSurfer
You can absolutely file for unemployment if you're terminated, but whether you'll be approved depends on the reason for termination. NYS Department of Labor will investigate the circumstances. If you were fired for misconduct (like stealing, fighting, or repeated policy violations), you'd likely be disqualified. But if it's for performance issues or employer claims of 'not being a good fit,' you have a strong chance of approval. The key is that it can't be willful misconduct on your part.
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Yuki Nakamura
•That's reassuring, thank you. What exactly counts as misconduct? I was never written up formally, just had a few verbal conversations about my work pace.
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Carmen Reyes
File your claim immediately if you get terminated. Don't wait! You can apply online through the NYS Department of Labor website. Even if your employer contests it, you should still file. The worst that happens is they deny it and you can appeal. But if you don't file, you definitely won't get anything. I got fired from my last job for 'attitude problems' and still got approved for UI benefits.
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Andre Moreau
•How long did it take for your claim to get approved? I'm worried about the bills piling up while waiting for a decision.
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Carmen Reyes
•Mine took about 3 weeks but that was because my employer fought it. If they don't contest it, it's usually faster. You can check your claim status online through your my.ny.gov account.
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Zoe Christodoulou
I had a similar situation last year where I couldn't get through to NYS Department of Labor on the phone for weeks to check on my claim status. Super frustrating when you're stressed about money. I ended up using this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Saved me so much time and stress dealing with the phone system.
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Yuki Nakamura
•Never heard of that before, is it legit? I'm willing to try anything if it means I can actually talk to someone about my situation.
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Jamal Thompson
definitely file even if ur not sure!! i got fired for being late too many times and still got unemployment. the employer has to prove it was misconduct and most of them dont bother fighting it unless its something really bad
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Mei Chen
Just want to say hang in there - getting terminated is scary but you'll get through this. The unemployment system exists for exactly these situations. Document everything about why they're firing you in case you need it for your claim.
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