Can you collect unemployment if you are fired - NYS Department of Labor eligibility question
I just got terminated from my warehouse job last Friday and I'm really stressed about whether I can even apply for unemployment benefits. My supervisor said I was fired for 'performance issues' but honestly I think it was because I questioned some safety violations. I've been working there for 8 months and this is my first time dealing with unemployment. Does anyone know if you can collect unemployment if you are fired in New York? I keep seeing conflicting information online about misconduct vs just being let go. Really need to figure this out ASAP since I have rent due next week.
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Molly Chambers
Yes, you can collect unemployment even if you were fired, but it depends on the reason. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control, like performance issues, lack of work, or company restructuring. However, if you were fired for 'misconduct' (like stealing, violence, or willful violation of company policy), you'll likely be disqualified. Performance issues usually don't count as misconduct unless you were deliberately not doing your job.
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Adrian Hughes
•That's really helpful! So performance issues shouldn't disqualify me? I was never written up for anything serious, just told I needed to 'improve' without specific guidance.
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Eve Freeman
Yes, you can usually collect unemployment if you're fired, as long as it wasn't for misconduct. The NYS Department of Labor looks at the specific reason for termination. Performance issues alone typically don't disqualify you unless there was willful misconduct or violation of company policy. You should definitely file your claim right away - the worst they can say is no, but you might be surprised. Just be honest about the circumstances when you file.
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Val Rossi
•Thanks! That's reassuring. Should I mention the safety concerns I raised or just stick to what they said about performance?
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Clarissa Flair
File immediately! I was fired from my retail job for 'attendance issues' (even though I had valid sick days) and still got approved. The key is being terminated vs quitting. NYS Department of Labor will investigate and your employer has to prove misconduct if they want to fight it. Most employers don't even respond to the initial inquiry. Go to labor.ny.gov and start your application today - you're probably eligible.
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Caden Turner
•How long did it take for your claim to get approved? I'm in a similar situation and getting nervous about the wait time.
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Clarissa Flair
•Mine took about 3 weeks total, but I had to do a phone interview because my employer contested it initially. Don't panic if it goes to adjudication - that's normal for contested claims.
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Ian Armstrong
File your claim immediately - don't wait! Even if your employer contests it, NYS Department of Labor will investigate and make the determination. I was fired for 'poor performance' last year and my claim was approved after about 3 weeks of adjudication. The key is being honest about why you were terminated when you file. If you try to hide it or lie, that could hurt your case later.
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Eli Butler
•How do you know if they're contesting it? Do you get notified?
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Ian Armstrong
•Yes, if your employer contests your claim, NYS Department of Labor will send you a notice and put your claim into adjudication while they investigate both sides of the story.
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McKenzie Shade
The system is such a joke though. They make you jump through hoops even when you're clearly eligible. I got fired for 'insubordination' which was really just me refusing to work in unsafe conditions and had to fight for 2 months to get benefits. But yeah technically you can collect if fired, just prepare for potential delays if your employer fights it.
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Marcus Patterson
I had such a hard time getting through to NYS Department of Labor when my claim went into adjudication after being fired. Spent weeks trying to call and explain my side of the story. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made all the difference in getting my case resolved quickly.
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Adrian Hughes
•Never heard of that service but good to know there are options if I can't get through on the phone!
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Lydia Bailey
just file already!! worst case they say no and you appeal. i got fired for attendance issues and still got approved after appeal hearing. nysdol doesnt want people to starve they just gotta follow the rules
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Mateo Warren
The whole system is so frustrating though. Even when you're eligible, it takes forever to get money. I was fired for 'not meeting expectations' which is basically the same as performance issues, and it still took 6 weeks to get my first payment because they had to do a whole investigation.
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Molly Chambers
•That's unfortunately normal. The adjudication process for fired employees usually takes 3-6 weeks while they contact your employer and review the circumstances.
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Harmony Love
I had trouble getting through to NYS Department of Labor when my claim got stuck in adjudication after being fired. Kept calling the main number but could never reach anyone. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual person. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into issues with your claim status.
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Val Rossi
•Never heard of that before. Is it legit? I'm willing to try anything if I can't get through on my own.
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Rudy Cenizo
wait so if you get fired you can still get unemployment?? i thought that was only for layoffs and stuff. this is actually good news because my manager has been looking for reasons to get rid of me and now i'm less worried about it
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Eve Freeman
•Yes, being fired doesn't automatically disqualify you. The distinction is whether it was for misconduct or just because they didn't want you there anymore. Performance issues, restructuring, personality conflicts - those usually don't count as misconduct.
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Natalie Khan
Just make sure you document everything about the safety issues you mentioned. If your employer tries to contest your claim, having evidence that you were fired for legitimate concerns rather than actual performance problems could really help your case. I wish I had kept better records when I went through something similar.
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