Can you collect unemployment if you are fired after FMLA in New York?
I was terminated three days after returning from FMLA leave for what my employer says was 'performance issues.' The timing seems really suspicious to me since I had good reviews before taking leave for my surgery recovery. I'm wondering if I can still file for NYS Department of Labor unemployment benefits or if being fired disqualifies me? Has anyone dealt with something similar? I'm worried they'll deny my claim because I was technically fired for cause.
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Carmen Vega
Yes, you can absolutely file for unemployment benefits even if you were fired. The key is whether NYS Department of Labor determines it was misconduct or not. Being fired after FMLA leave actually raises red flags for potential retaliation, which could work in your favor. When you file your UI claim, make sure to mention the timing and that you believe it was related to taking protected leave. Document everything - your FMLA paperwork, performance reviews before leave, the termination notice, everything.
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Yuki Kobayashi
•Thank you! I do have all my FMLA paperwork and my last performance review from 6 months ago was actually really positive. Should I mention the retaliation possibility when I file my weekly claim or wait to see if they contest it?
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QuantumQuester
File immediately - don't wait. Even if your employer contests the claim, you can appeal any negative decision. The timing of your termination after FMLA is definitely something NYS Department of Labor will consider during adjudication. Make sure when you're doing your job search requirements that you keep detailed logs since they might scrutinize your claim more closely if it goes to a hearing.
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Andre Moreau
•This happened to my sister last year and she won her appeal. The adjudication process took forever though, like 6 weeks before they made a decision.
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Zoe Stavros
ugh the whole system is so frustrating when you're dealing with shady employers like this!! I've been trying to get through to someone at NYS Department of Labor for weeks about my own claim issues and their phone lines are always busy. If you need to actually talk to someone about your situation, I found this service called Claimyr (claimyr.com) that helps you get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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Yuki Kobayashi
•Thanks for the tip! I might need that if they contest my claim. How much does something like that cost?
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Zoe Stavros
•They focus on the value of actually reaching someone rather than cost. Way better than spending all day redialing the same number!
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Jamal Harris
wait so being fired doesn't automatically disqualify you?? I always thought if you got fired you couldn't get unemployment at all
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Carmen Vega
•No, that's a common misconception. NYS Department of Labor distinguishes between being fired for misconduct versus other reasons. Poor performance, layoffs, company restructuring, or even attendance issues that aren't willful misconduct can still qualify you for benefits.
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Mei Chen
Similar thing happened to me except it was after I used all my sick time for COVID. Got fired two weeks later for 'not being a team player' whatever that means. Filed anyway and got approved after they investigated. The employer tried to contest but couldn't prove actual misconduct.
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Miguel Ramos
This is definitely worth pursuing - the timing after your FMLA return is highly suspicious and could indicate retaliation, which is illegal. When you file your unemployment claim, be very detailed about the timeline: when you took FMLA, when you returned, and exactly when they terminated you. Also mention that your previous performance reviews were positive. NYS Department of Labor takes potential FMLA retaliation seriously during their investigation. Even if your employer contests the claim saying it was for "performance issues," the burden will be on them to prove it was legitimate misconduct and not related to your protected leave. Keep copies of everything and don't let them intimidate you - you have rights here.
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