Can you apply for NYS Department of Labor unemployment if you get fired?
I just got terminated from my retail job yesterday for supposedly being late too many times. My manager said it was 'for cause' but I feel like the write-ups were unfair and they were looking for reasons to get rid of me. Can I still file for unemployment benefits with NYS Department of Labor even though I was fired? I really need the income while I look for another job. Has anyone been through this before?
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Ahooker-Equator
Yes, you can absolutely apply for unemployment even if you were fired! The key is whether it was for 'misconduct' in the legal sense. Being late occasionally usually doesn't qualify as misconduct unless it was willful and repeated after warnings. NYS Department of Labor will review your case during adjudication and make a determination. File your claim right away - you can appeal if they deny it initially.
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Abigail bergen
•Thank you! I was worried I couldn't even apply. Should I mention the unfair write-ups when I file my claim?
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Anderson Prospero
same thing happened to me got fired for attendance but still got approved for benefits took like 3 weeks tho
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Tyrone Hill
The distinction is important here - being fired for performance issues or attendance problems usually doesn't disqualify you from unemployment benefits. NYS Department of Labor looks for willful misconduct, not just poor performance. When you file your weekly claims, you'll need to report that you were discharged and they'll investigate. Keep any documentation you have about the termination.
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Toot-n-Mighty
•Wait, what if you get fired for something more serious? Like if they say you violated company policy?
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Tyrone Hill
•That depends on what the policy violation was and whether it constitutes misconduct under unemployment law. Each case is different and NYS Department of Labor evaluates them individually during the adjudication process.
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Lena Kowalski
I had trouble getting through to NYS Department of Labor when I was dealing with my claim after being fired. Kept getting disconnected or the lines were busy. Someone on here mentioned claimyr.com - it's a service that helps you get connected to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Ended up using it to check my claim status and it was way easier than trying to call directly.
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DeShawn Washington
•How much does that cost though? Seems like you shouldn't have to pay to talk to unemployment
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Lena Kowalski
•I mean yeah, it shouldn't be this hard to reach them, but when you need answers about your benefits it's worth it. The regular phone system is just broken.
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Mei-Ling Chen
The whole system is ridiculous honestly. Got fired from my warehouse job for missing too many days when my kid was sick and they STILL made me wait 6 weeks for adjudication. Like they're doing you a favor or something. But yeah you can definitely apply, just be prepared for them to take forever to decide.
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Ahooker-Equator
Just to add - make sure you're honest about the reason for termination when you file. NYS Department of Labor will contact your employer anyway, so any discrepancies will hurt your case. The fact that you feel the write-ups were unfair doesn't necessarily matter legally, but if you can show the termination wasn't for willful misconduct, you should be approved.
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