Can someone collect unemployment if they are fired - NYS Department of Labor eligibility question
My brother just got fired from his job last week and he's asking me if he can still file for unemployment benefits. I told him I wasn't sure because I thought you had to be laid off to get benefits. Does anyone know if you can collect unemployment if they are fired from NYS Department of Labor? He worked there for like 2 years and they said it was for attendance issues but he claims he was never given any warnings. I'm trying to help him figure out what to do next.
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Anastasia Kuznetsov
Yes, you can absolutely collect unemployment if you're fired, but it depends on the reason. NYS Department of Labor looks at whether it was misconduct or not. Being fired for attendance without proper warnings might actually work in his favor. He should definitely file a claim immediately - even if they initially deny it, he can appeal. The key is whether the firing was for 'misconduct' which has a very specific legal definition.
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Diego Fernández
•That's really helpful thank you! So even if they deny him at first he can still fight it? How long does that process usually take?
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Sean Fitzgerald
I got fired from my last job for missing too many days when my car broke down and I couldn't get to work. NYS Department of Labor initially disqualified me but I appealed it and won. The key was showing that I had transportation issues beyond my control and my employer never gave me written warnings about attendance. Your brother should gather any documentation he has about his employment and file the claim right away.
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Zara Khan
•How long did your appeal take? I'm in a similar situation and wondering what to expect
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Sean Fitzgerald
•Mine took about 6 weeks from when I requested the hearing to when I got the decision. But I got backpay for all the weeks I was denied so it was worth fighting for.
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MoonlightSonata
I've been trying to reach NYS Department of Labor for weeks about my own claim that got stuck in adjudication after being fired. The phone lines are always busy and I can never get through to speak to anyone. Has anyone found a way to actually talk to a real person there? This is so frustrating because I need answers about my eligibility.
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Mateo Gonzalez
•I had the same problem trying to reach them about my adjudication. Someone on here recommended this service called Claimyr (claimyr.com) that helps you get through to NYS Department of Labor agents by phone. I was skeptical at first but I tried it and actually got connected to someone within a few hours. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Honestly saved me weeks of trying to call myself.
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MoonlightSonata
•Thanks I'm definitely going to check that out. At this point I'll try anything to get some answers about my claim status.
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Nia Williams
tell him to file no matter what!! the worst they can say is no but if he doesn't file he gets nothing for sure. I got fired for being late too much and still got benefits because they couldn't prove it was willful misconduct
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Luca Ricci
This whole system is so confusing. I thought if you get fired you automatically can't get unemployment. Good to know that's not always true. The NYS Department of Labor really needs to make this stuff clearer for people.
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Anastasia Kuznetsov
•It's definitely confusing but the basic rule is that you can get benefits unless you were fired for misconduct. Things like poor performance, attendance issues without warnings, or company downsizing usually don't count as misconduct. Only things like theft, violence, or repeatedly ignoring direct orders typically disqualify you.
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