Can u get unemployment if fired from your job in NY - NYS Department of Labor rules?
So I got terminated last Friday and I'm freaking out about money. My supervisor said I was fired for being late too many times but honestly I think they just didn't like me. Can I still file for unemployment benefits with NYS Department of Labor or does getting fired automatically disqualify you? I worked there for 8 months and this is my first time dealing with unemployment stuff. Really need to know if I should even bother applying or if I'm just wasting my time.
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Zainab Mahmoud
Yes, you can absolutely apply for unemployment benefits even if you were fired! NYS Department of Labor doesn't automatically disqualify people who were terminated. The key factor is whether you were fired for 'misconduct.' Being late repeatedly might be considered misconduct, but it depends on the specific circumstances - was it a pattern, did you have warnings, were there valid reasons for the tardiness? You should definitely file your claim and let NYS Department of Labor make the determination during adjudication.
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Carlos Mendoza
•Thanks! I did get written warnings about being late but I had some transportation issues that were out of my control. Should I mention that when I file?
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Ava Williams
i got fired from my last job too and still got benefits so yeah you should apply. took like 3 weeks for them to decide though
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Raj Gupta
The misconduct standard in NY is pretty specific - it has to be deliberate or willful behavior that harms the employer's interests. Chronic lateness can qualify as misconduct, but NYS Department of Labor will look at factors like whether you received progressive discipline, if you had valid reasons for the tardiness, and whether you made efforts to improve. File your claim online at my.ny.gov and be completely honest about the circumstances. If your employer contests the claim, you'll have a chance to present your side during the adjudication process.
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Lena Müller
•What if the employer lies about why they fired you? Mine said I was fired for performance but really it was because I complained about unsafe working conditions.
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TechNinja
Ugh the whole system is so stressful! I've been trying to get through to NYS Department of Labor for weeks about my claim and their phone lines are always busy. When I finally got connected last month, they hung up on me after being on hold for 2 hours. Someone told me about this service called Claimyr that helps you get through to the agents - you can check it out at claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI. I haven't tried it yet but I'm getting desperate to talk to someone about my adjudication.
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Carlos Mendoza
•That sounds too good to be true... how much does it cost?
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TechNinja
•I honestly don't know the pricing but at this point I just need to reach someone at NYS Department of Labor. Been waiting 4 weeks for my claim to get reviewed.
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Keisha Thompson
Just file the claim and see what happens. Worst case they deny it and you appeal. I got fired for attendance issues too and won my appeal because I had documentation about my medical appointments that were causing the absences.
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