Can I get unemployment if fired from my job in NY - NYS Department of Labor eligibility questions
I got terminated from my retail job last week and I'm honestly not sure if I can even apply for unemployment benefits. My manager said it was due to attendance issues but I had legitimate reasons for most of my absences (sick kid, car trouble, etc). I tried to explain but they wouldn't listen. Does anyone know if you can still get unemployment through NYS Department of Labor if you were fired? I've never been in this situation before and really need the income while I look for something new.
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Sean Kelly
Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. NYS Department of Labor will determine if you were terminated for 'misconduct' or not. Attendance issues can be tricky - if you had valid reasons and documented them properly, you might still qualify. You should definitely file a claim and let them investigate.
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Anastasia Kozlov
•Thanks! Do I need to gather documentation about my absences before filing? I have some doctor notes and text messages about the car issues.
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Zara Mirza
same thing happened to me a few months ago, got fired for being late too many times but it was because of childcare issues. Filed anyway and got approved after they did their investigation thing.
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Anastasia Kozlov
•That gives me hope! How long did the investigation take?
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Zara Mirza
•took about 3 weeks for them to make a decision, had to do a phone interview and everything
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Luca Russo
You should file immediately regardless. NYS Department of Labor distinguishes between being fired for misconduct versus being fired for other reasons like poor performance or attendance issues beyond your control. The key is whether your actions were willful and work-related misconduct. Having documentation of legitimate reasons for absences will help your case during the adjudication process.
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Nia Harris
•What exactly counts as misconduct though? I'm worried they'll say any firing is misconduct...
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Luca Russo
•Misconduct typically involves intentional violations of company policy, theft, violence, or willful disregard of duties. Poor performance or isolated incidents usually don't qualify as misconduct under NY unemployment law.
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GalaxyGazer
The unemployment system is so broken, they'll probably deny you first just because. I got fired for supposedly not meeting sales targets and had to appeal twice before they finally approved my claim. NYS Department of Labor seems to side with employers initially no matter what.
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Mateo Sanchez
•That's frustrating but at least you eventually got approved! The appeal process worked out?
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Aisha Mahmood
If you're having trouble getting through to NYS Department of Labor to check on your claim status or need to speak with someone about your specific situation, I used this service called Claimyr (claimyr.com) that actually got me connected to a real agent. They have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Was way easier than trying to call myself and getting hung up on constantly.
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Anastasia Kozlov
•Interesting, never heard of that before. Did it actually help with your claim issues?
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Aisha Mahmood
•Yeah, I was able to get clarification on why my claim was pending and what documents they needed. Saved me weeks of frustration trying to reach them myself.
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Mateo Sanchez
Just want to add - make sure you file your weekly claims even while your initial claim is being reviewed! A lot of people don't realize you have to keep certifying every week or you'll lose benefits for those weeks.
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