Can you claim unemployment benefits if you are fired from your job in New York?
I got terminated from my retail job last week after working there for 8 months. My manager said it was due to attendance issues but I feel like the write-ups were unfair. I've never filed for unemployment before and I'm not sure if being fired disqualifies me automatically. Can I still apply for NYS Department of Labor benefits? What should I expect during the application process if I was terminated rather than laid off?
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James Johnson
Yes, you can definitely file for unemployment even if you were fired. The key factor is whether you were terminated for 'misconduct' under NYS Department of Labor rules. Attendance issues might not qualify as misconduct depending on the circumstances - were you late due to transportation problems, childcare issues, or other legitimate reasons? When you file your claim, be honest about being terminated but explain your side of the story. The NYS Department of Labor will review both your account and your employer's response during adjudication.
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Emily Nguyen-Smith
•Thanks! Most of my tardiness was due to bus delays and one time my babysitter cancelled last minute. Should I mention those specific reasons when I file my claim?
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Sophia Rodriguez
I was fired from my warehouse job for similar reasons and still got approved for benefits. The NYS Department of Labor looks at whether your actions were willful misconduct or just poor performance/circumstances beyond your control. File your claim as soon as possible - don't wait. Even if your employer contests it, you can appeal their decision. Make sure you save any documentation about the attendance issues like emails or write-ups that show the context.
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Mia Green
•How long did your adjudication take? I'm worried about waiting weeks without any income.
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Sophia Rodriguez
•Mine took about 3 weeks but that was during a busy period. Keep filing your weekly claims even during adjudication - if you get approved you'll get backpay for those weeks.
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Emma Bianchi
ugh the whole system is so confusing!! I got fired too and when I called the NYS Department of Labor I was on hold for HOURS and then got disconnected. How are we supposed to get answers about whether we qualify or not?? This is so stressful when you need money for rent.
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Lucas Kowalski
•I had the same problem trying to reach someone at NYS Department of Labor about my claim status. Someone on here mentioned using Claimyr (claimyr.com) to help get through to an actual agent. I was skeptical but tried it and actually got connected within like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you keep getting stuck on hold.
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Olivia Martinez
Just file the claim online through my.ny.gov and let the system work. Being fired doesn't automatically disqualify you - only if it was for gross misconduct like theft or violence. Attendance issues usually fall into a gray area that gets decided case by case.
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Zoe Dimitriou
I went through something similar last year when I was fired from my restaurant job for being late too often. The NYS Department of Labor approved my benefits because I could show that most of my tardiness was due to my second job running late (I was working two jobs to make ends meet). The key is being completely honest in your application and providing context for why the attendance issues happened. Don't just say "I was late" - explain the transportation problems, childcare issues, etc. Also, start your claim immediately even if you're unsure about eligibility. You can always appeal if they deny you initially, but you can't get backpay for weeks you didn't file. The worst thing that happens is they say no, but you won't know until you try.
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