Can you collect unemployment if you are fired for cause from NYS Department of Labor perspective?
My employer terminated me last week citing 'misconduct' but I honestly don't think what I did was that serious. They said I violated company policy but it was my first offense and other people have done similar things without getting fired. I'm wondering if NYS Department of Labor will still approve my unemployment claim or if being fired for cause automatically disqualifies me? Has anyone dealt with this situation before? I really need the benefits while I look for another job.
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Kaitlyn Otto
Being fired for cause doesn't automatically disqualify you from unemployment benefits in New York. NYS Department of Labor will investigate your case during adjudication to determine if your actions constitute 'misconduct' under their definition. Simple policy violations or poor performance usually don't count as disqualifying misconduct - it has to be willful or deliberately harmful to the employer's interests.
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Kristian Bishop
•That's reassuring to hear. Do I need to provide any documentation when I file my claim or just wait for them to contact me?
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Axel Far
definitely file your claim right away even if you think you might get denied!! i was fired for being late too many times and still got approved after they investigated. the worst that can happen is they say no but at least you tried
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Jasmine Hernandez
•How long did the adjudication process take for your case? I'm worried about how long I'll be without income while they investigate.
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Luis Johnson
I had success reaching an actual NYS Department of Labor agent when my claim was under review for a termination issue. Instead of waiting weeks for a callback, I used a service called Claimyr (claimyr.com) that got me through to someone within a few hours. They have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Really helped me explain my side of the story directly to an agent rather than just submitting documents and hoping for the best.
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Kristian Bishop
•Thanks for the suggestion! Did talking to an agent actually help speed up your case or just give you peace of mind?
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Luis Johnson
•Both honestly - they were able to clarify what documentation I needed to submit and my claim was resolved within two weeks instead of the typical 4-6 weeks for misconduct cases.
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Ellie Kim
The key thing is whether your employer can prove willful misconduct. NYS Department of Labor looks at factors like whether you knew the rule, whether you had prior warnings, and if your actions were intentional. A first-time policy violation rarely meets their threshold for disqualification unless it involved something serious like theft, violence, or illegal activity.
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Kristian Bishop
•It was nothing like that - just a disagreement about how I handled a customer situation. No prior warnings either.
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Fiona Sand
ugh the unemployment system is so frustrating when you're already stressed about losing your job. took them forever to decide my case too but I eventually got approved
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