Can you collect unemployment after being fired from NYS Department of Labor perspective?
Got terminated from my retail job last week for what they called 'performance issues' but I think it was really because I asked for time off to handle a family emergency. Manager said I was being 'unreliable' but I'd been there 8 months with no prior write-ups. Can I still file for unemployment benefits or does being fired automatically disqualify me? I'm really stressed about paying rent next month and don't know where to start with this whole process.
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James Martinez
Yes, you can absolutely collect unemployment after being fired in most cases! The key is whether you were terminated for 'misconduct.' Performance issues usually don't qualify as misconduct unless they involved willful violations of company policy. When you file your claim, NYS Department of Labor will investigate and make a determination. Your employer will have a chance to respond, but asking for time off for family emergencies is typically protected and wouldn't constitute misconduct.
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Chloe Boulanger
•That's such a relief to hear! Should I mention the family emergency situation when I file my claim, or just stick to what they officially put on my termination paperwork?
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Olivia Harris
File immediately - don't wait! You can apply online through the NYS Department of Labor website. Even if your employer contests it (which many do automatically), you'll likely win if it was really about performance and not misconduct. I got fired for 'attendance issues' but it was approved because I had legitimate reasons for my absences. The whole adjudication process took about 3 weeks but I got backpay to my filing date.
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Alexander Zeus
•Same here - got terminated for 'not meeting sales goals' but unemployment went through fine. The employer contested it but NYS Department of Labor sided with me.
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Alicia Stern
honestly the whole system is rigged anyway, they'll probably deny you first then make you appeal just to waste time. but yeah technically being fired doesn't automatically disqualify you unless it was for theft or something really bad
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James Martinez
•That's not accurate - NYS Department of Labor doesn't automatically deny claims. They investigate each case individually and most legitimate claims are approved on the first review.
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Gabriel Graham
If you're having trouble getting through to NYS Department of Labor to check on your claim status or if it gets stuck in adjudication, I had success using a service called Claimyr (claimyr.com). They help you actually reach a real person at the unemployment office instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me weeks of frustration when my claim was pending.
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Chloe Boulanger
•Interesting, never heard of that before. Is it legit or one of those scammy services that charge you a fortune?
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Gabriel Graham
•It's legitimate - they don't ask for your personal info or anything sketchy. Just helps you get connected to the actual unemployment office when you need to speak to someone.
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Drake
Wait I'm confused - if you get fired do you still have to do the job search requirements? I thought that was only if you quit or got laid off. This whole unemployment thing is so complicated!!!
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James Martinez
•Yes, you still need to meet job search requirements regardless of why you're unemployed. NYS Department of Labor requires you to actively look for work and document your job search activities for your weekly claims.
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Sarah Jones
Good luck! I was so worried when I got fired but the unemployment process was actually pretty straightforward. Just be honest about everything and keep all your documentation from your employer.
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