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GalaxyGlider

Can you collect unemployment if you are terminated from your job in New York?

My manager fired me yesterday after 3 years at my retail job. They said it was because I was 10 minutes late twice last month, but I think they just wanted to get rid of me since they hired someone younger for less money. I've never been fired before and I'm really stressed about paying my bills. Can I still file for unemployment benefits with NYS Department of Labor if I was terminated? I heard that if you get fired you can't get UI but I'm not sure if that's true. I really need help understanding what my options are.

Mei Wong

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Yes, you can usually collect unemployment even if you were terminated, as long as it wasn't for misconduct. Being late twice in a month typically wouldn't qualify as misconduct under NYS Department of Labor rules. You should definitely file your claim as soon as possible. The key is whether your termination was for 'just cause' - which means serious workplace violations, not minor performance issues or attendance problems.

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GalaxyGlider

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Thank you! That's such a relief. Do I need to mention that I think they fired me to hire someone cheaper, or should I just stick to what they told me about being late?

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Mei Wong

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Just be honest about what your employer told you was the reason. NYS Department of Labor will contact your employer to get their side of the story during the adjudication process anyway.

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Liam Sullivan

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i got fired from my last job too and still got unemployment so ur probably fine. just file online at my.ny.gov and see what happens

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Amara Okafor

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The distinction is important here - termination for cause vs. termination for misconduct. Most employers will try to claim misconduct to avoid paying higher unemployment taxes, but NYS Department of Labor looks at the actual facts. Being occasionally late usually doesn't rise to the level of misconduct unless you were repeatedly warned and continued the behavior willfully. File your claim immediately and if they deny it, you can appeal the decision.

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What if my employer lies about why they fired me? I'm worried they'll make up stuff to prevent me from getting benefits.

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Amara Okafor

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NYS Department of Labor investigates these claims thoroughly. They'll look at your employment record, any documentation, and interview both parties. If your employer can't provide evidence of serious misconduct, you'll likely be approved.

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Getting through to NYS Department of Labor by phone is nearly impossible right now if you need to check on your claim status or ask questions. I was calling for weeks trying to get answers about my adjudication. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real person at the unemployment office. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to get through their busy phone lines.

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StarStrider

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Is that legit? Sounds too good to be true tbh

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Yeah I was skeptical too but it actually worked. They don't ask for any personal info or anything, just helps you get through the phone queue.

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The unemployment system in this state is such a joke. They make you jump through hoops and then half the time the website doesn't even work properly. Good luck getting anyone on the phone to explain anything!

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Sofia Torres

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I feel you on this. The my.ny.gov site crashed on me three times when I was trying to file my weekly claim last week.

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Dana Doyle

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I went through something similar last year when I was let go from my customer service job. The most important thing is to file your claim right away - don't wait! You can do it online at my.ny.gov/services/unemployment-insurance. When you file, just be honest about what your employer told you was the reason for termination. Being late a couple times usually won't disqualify you from benefits unless there was a clear pattern of willful misconduct. Keep any documentation you have (employee handbook, write-ups, etc.) in case you need it for the review process. The waiting period can be stressful but try to stay positive - most people who are terminated for minor issues like occasional tardiness do get approved for unemployment benefits in NY.

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Kayla Morgan

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This is really helpful advice! I'm in a similar situation - got terminated last week and was worried about filing. Did you have any issues during the review process or did it go smoothly once you filed? Also wondering how long it typically takes to hear back from NYS DOL after you submit your initial claim.

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Mia Roberts

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@Kayla Morgan In my case, it took about 10 days to get the initial determination letter after I filed online. The review went pretty smoothly since my employer couldn t'really prove that being 5-10 minutes late occasionally constituted willful "misconduct. The" whole process from filing to receiving my first payment was about 3 weeks. Just make sure you keep certifying for benefits every week even while they re'reviewing your case - you can backdate those weeks once you re'approved. And don t'stress too much during the waiting period, NYS DOL tends to side with workers unless there s'clear evidence of serious misconduct.

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Amara Torres

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I'm sorry to hear about your situation - being terminated unexpectedly is really stressful! The good news is that you should definitely be eligible for unemployment benefits in New York. Being 10 minutes late twice in a month is not considered "misconduct" under NYS Department of Labor standards, especially after 3 years of employment. Misconduct has to be willful and substantial - like theft, violence, or repeatedly violating clear workplace policies after warnings. File your claim immediately at my.ny.gov - you can apply online 24/7. Don't delay because there's a waiting period and benefits are calculated from when you file, not when you were terminated. During the application, just state the reason your employer gave you (attendance issues). If they try to fight your claim, NYS DOL will investigate and you'll likely win since occasional tardiness rarely qualifies as disqualifying misconduct. Also keep in mind that even if your claim gets initially denied, you have the right to appeal and present your case. Many people win on appeal even when initially denied. Stay strong and don't let this setback discourage you - you've got rights as a worker in New York!

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