Can an at-will employee collect unemployment benefits through NYS Department of Labor?
I've been working at a marketing company for about 8 months and just got terminated yesterday. My boss said they were 'going in a different direction' and that it was nothing personal. I know New York is an at-will state, but I'm confused about whether I can file for unemployment benefits. I wasn't fired for cause or anything like that - they just said my position was being eliminated. Can at-will employees still collect unemployment through NYS Department of Labor? I'm worried they might deny my claim since they can technically fire me for any reason.
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Aiden O'Connor
Yes, absolutely! Being an at-will employee doesn't disqualify you from unemployment benefits. What matters to NYS Department of Labor is the reason for your termination, not your employment classification. Since you were terminated without cause (sounds like a business decision), you should definitely be eligible. The key is that you weren't fired for misconduct. File your claim as soon as possible - you can do it online through the NYS Department of Labor website.
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Sofía Rodríguez
•Thank you! That's such a relief. I was really worried about how I'd pay rent next month. Should I mention that it was an at-will position when I file my claim?
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Aiden O'Connor
•You don't need to specifically mention at-will status. Just explain that you were terminated due to business reasons/position elimination. NYS Department of Labor will contact your employer to verify the reason for termination during their standard process.
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Zoe Papadopoulos
same thing happened to me last year!! got let go from my retail job and was SO worried about the at will thing but it didnt matter at all. got approved no problem
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Jamal Brown
•How long did it take for your claim to get approved? I'm filing mine tomorrow and really need to know when I might see some money coming in.
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Fatima Al-Rashid
The at-will employment status is completely separate from unemployment eligibility. NYS Department of Labor looks at whether you were terminated through no fault of your own. Being laid off, position eliminated, company downsizing - all of these qualify even in at-will employment. If you need help getting through to NYS Department of Labor to check your claim status, I used claimyr.com recently and it was super helpful. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier than trying to call for hours.
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Giovanni Rossi
•Wait, what's claimyr? Is that some kind of third party service? I'm nervous about giving my information to random companies.
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Fatima Al-Rashid
•It's just a service that helps you get through to NYS Department of Labor agents when the phone lines are crazy busy. You don't have to give them sensitive info - they just help you connect to an actual person at the unemployment office.
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Aaliyah Jackson
I got fired from my at-will job too but for attendance issues so I couldn't get unemployment. The difference is WHY you got fired not what kind of employee you were. sounds like yours was just business stuff so you should be fine
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KylieRose
ugh the whole at-will thing is so confusing! like they can fire you for literally anything but then sometimes you can still get unemployment?? makes no sense to me but glad it worked out for you OP
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Aiden O'Connor
•I know it seems contradictory! The way it works is that at-will means they can fire you without advance notice for most reasons, but unemployment benefits protect workers who lose their jobs through no fault of their own. So even though they CAN fire you easily, if the reason isn't misconduct, you still deserve support while looking for new work.
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Liam Sullivan
Just wanted to add that when you file your claim, make sure to emphasize that your termination was due to "lack of work" or "position elimination" rather than performance issues. NYS Department of Labor has specific categories for separation reasons, and choosing the right one can help streamline your approval process. Also, don't forget that you'll need to certify for benefits every week once your claim is processed - you can do this online or by phone. Good luck with your claim!
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Freya Pedersen
•This is really helpful advice! I'm new to all this unemployment stuff and didn't realize there were specific categories for separation reasons. When you say "certify for benefits every week" - what exactly does that involve? Is it just confirming that I'm still unemployed and looking for work? I want to make sure I don't mess anything up once my claim gets approved.
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