Can fired employees collect unemployment benefits from NYS Department of Labor?
I got terminated from my job last week for what my boss called 'poor performance' but I think it was really because I refused to work unpaid overtime. HR said I was fired for cause but didn't give me any written documentation. Can I still file for unemployment benefits with NYS Department of Labor? I'm really confused about whether being fired automatically disqualifies you or if there are different types of terminations. I've been working for 2 years and never had any formal write-ups before this happened.
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Edison Estevez
Yes, you can absolutely file for unemployment even if you were fired! NYS Department of Labor distinguishes between termination for misconduct and termination for other reasons. Poor performance generally doesn't count as misconduct unless it was willful negligence. You should file your claim immediately - the worst they can do is deny it, but you have appeal rights if that happens.
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Jibriel Kohn
•That's a relief! Do I need to mention the unpaid overtime issue when I file my claim, or should I just stick to what they officially said about performance?
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Emily Nguyen-Smith
same thing happened to my friend last year, she got fired for being late too many times but still got unemployment approved
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James Johnson
•Being late repeatedly can actually be considered misconduct depending on the circumstances. Your friend was probably lucky or there might have been other factors. The key is whether it was willful disregard of the employer's interests.
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Sophia Rodriguez
I'm so confused by all this! What exactly counts as misconduct?? I'm worried because I got written up once for using my phone during work hours but that was months ago. If I get fired will that disqualify me from benefits?
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Edison Estevez
•Don't panic! Misconduct has to be substantial and willful. One phone violation months ago wouldn't typically rise to that level. NYS Department of Labor looks at the final incident that led to termination and whether it shows deliberate disregard for your job duties.
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Mia Green
The system is so messed up though. I know people who got fired for stealing and somehow got benefits while others got denied for stupid reasons. NYS Department of Labor seems to make random decisions half the time.
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Emma Bianchi
•I had such a hard time getting through to anyone at NYS Department of Labor when my claim was under review. Spent weeks calling and either got busy signals or got disconnected after waiting on hold. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who could explain my case. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much stress.
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Lucas Kowalski
Just wanted to say good luck OP! I was in a similar situation last year and it worked out fine. The key is to be honest about what happened but don't admit to any wrongdoing if you don't think you did anything wrong.
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James Johnson
Here's what you need to know: NYS Department of Labor will contact your employer to get their side of the story. Document everything you can remember about the termination - dates, what was said, any witnesses. If they deny your claim based on misconduct, you have the right to appeal and request a hearing where you can present your case.
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Jibriel Kohn
•Should I start gathering this documentation now even before I file? And how long does the whole process usually take?
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