Can someone get unemployment if they are fired - NYS Department of Labor eligibility question
My cousin just got terminated from her retail job last week and she's asking me if she can still file for unemployment benefits through NYS Department of Labor. I always thought you couldn't get UI if you got fired but now I'm not sure. Does anyone know the actual rules? She worked there for almost 2 years and they said it was for 'performance issues' but she thinks it was really because she complained about unsafe working conditions. Would that make a difference for her claim?
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Miguel Ramos
Yes, you can absolutely get unemployment benefits even if you're fired, depending on the circumstances. NYS Department of Labor looks at whether you were terminated for 'misconduct' - that's the key word. Performance issues usually don't count as misconduct unless it was willful or deliberate. If she was fired for complaining about safety issues, that could actually strengthen her case since retaliation isn't misconduct.
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Ava Thompson
•That's really helpful! So performance issues aren't automatically disqualifying? I'll tell her to definitely file then.
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Zainab Ibrahim
i got fired from my last job for being late too many times and still got my benefits so yeah you can definitely get it
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StarSailor
The NYS Department of Labor will investigate any termination to determine if it meets the legal definition of misconduct. Things like theft, violence, or deliberately violating company policy count as misconduct. But poor performance, inability to do the job, or even attendance issues that aren't willful usually don't disqualify you. Your cousin should file immediately and let NYS Department of Labor make the determination during adjudication.
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Connor O'Brien
•What if the employer lies about why they fired you though? I'm worried about that happening to me if I ever get terminated.
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StarSailor
•That's why it's important to keep documentation. NYS Department of Labor will contact both you and your employer during the adjudication process. If there are discrepancies, they may schedule a hearing where both sides can present evidence.
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Yara Sabbagh
I had a terrible time trying to get through to NYS Department of Labor when I got fired last year. Spent weeks calling and either got busy signals or got disconnected. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real person at NYS Department of Labor within a few days. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration dealing with the phone system.
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Keisha Johnson
•Never heard of that but honestly anything is better than trying to call NYS Department of Labor directly. Those phone lines are impossible.
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Paolo Rizzo
Tell your cousin to make sure she has all her employment records when she files. Pay stubs, any written warnings, emails about the safety complaints, etc. The more documentation she has the better her case will be if the employer tries to claim it was misconduct.
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Keisha Johnson
Yeah definitely file ASAP! Even if they deny it initially you can always appeal. I know someone who got denied at first but won on appeal because the employer couldn't prove misconduct.
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Ava Thompson
•Good point about the appeal process. I'll make sure she knows that's an option if needed.
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