Can I receive unemployment benefits from NYS Department of Labor if I get fired?
I'm worried about my job security right now and honestly think my boss might fire me soon. I've never filed for unemployment before and I'm confused about whether you can even get benefits if you're terminated instead of laid off. Does anyone know if NYS Department of Labor will approve your claim if you get fired? I keep hearing different things from coworkers and I want to know what to expect before this happens.
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Elijah Brown
Yes, you can receive unemployment benefits if you're fired, but it depends on the reason. NYS Department of Labor will approve your claim if you were terminated for reasons beyond your control - like poor performance, lack of work, or company restructuring. However, if you're fired for misconduct (like stealing, fighting, or willful violations of company policy), you'll likely be disqualified. The key is whether your termination was for 'misconduct in connection with work.
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Zoe Walker
•That's helpful, thank you! What exactly counts as misconduct though? I've been late a few times recently but nothing serious like stealing or anything.
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Maria Gonzalez
I got fired last year for attendance issues and still got approved for UI benefits. NYS Department of Labor looks at whether your actions were willful and work-related. Being late occasionally usually isn't considered misconduct unless you were repeatedly warned and continued to violate clear attendance policies. When you file your claim, be honest about the reason for termination - they'll contact your employer anyway to verify.
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Natalie Chen
•Same here - got terminated for performance issues and had no problems getting benefits. The adjudication process took about 2 weeks but they approved my claim.
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Santiago Martinez
ugh the whole system is so confusing!! i got fired from my last job for arguing with my supervisor and they denied my claim initially. had to appeal and everything. took like 6 weeks to finally get approved because they said it wasnt misconduct just a personality conflict
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Elijah Brown
•Appeals can be frustrating but they're worth it if you believe you were wrongfully denied. NYS Department of Labor does distinguish between isolated incidents and patterns of misconduct.
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Samantha Johnson
If you do get fired and need to reach NYS Department of Labor to check on your claim status, I had good luck with claimyr.com - it's a service that calls and waits on hold for you. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me time when I was trying to get through during my adjudication period and couldn't reach anyone at the regular phone numbers.
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Zoe Walker
•Interesting, I've never heard of that before. How much does something like that cost?
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Samantha Johnson
•I don't remember the exact price but it was worth it for me since I couldn't get through on my own after trying for days. Much less stressful than sitting on hold forever.
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Nick Kravitz
Just make sure you file your claim right away if you do get terminated. You can't backdate benefits in most cases, so don't wait thinking you'll find another job quickly. Even if you're not sure you'll qualify, it's better to file and let NYS Department of Labor make the determination.
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Zoe Walker
•Good point, I didn't think about the timing aspect. How soon after getting fired should I file?
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Nick Kravitz
•File as soon as possible - you can file online the same day you're terminated if needed. Just make sure you have your last day of work correct on the application.
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