Can you collect unemployment if you get fired from a job - NYS Department of Labor rules?
I got terminated yesterday from my retail job after working there for 8 months. My manager said it was due to 'performance issues' but I feel like they were just looking for reasons to let me go. I've never been on unemployment before and I'm really confused about whether I can even apply. Can you collect unemployment if you get fired from a job in New York? I know there's different rules if you quit vs get fired but I don't understand what makes you eligible or not. I need to file ASAP because I have rent due next week and no savings.
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Chloe Martin
Yes, you can usually collect unemployment benefits if you're fired, but it depends on the reason. NYS Department of Labor will review your case during something called adjudication. If you were fired for misconduct (like stealing, fighting, or repeatedly violating company policy), you'll be disqualified. But if it was for performance issues, attendance problems, or just not being a good fit, you should be eligible. The key is whether your employer can prove willful misconduct. File your claim online immediately - don't wait.
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Omar Fawaz
•Thank you! So performance issues usually don't count as misconduct? They wrote me up twice for being slow with customers but I was trying my best.
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Diego Rojas
File your claim right away on the NYS Department of Labor website. Even if your employer contests it, you should file immediately to establish your claim date. The worst thing you can do is wait. When you file, be honest about being terminated but don't go into excessive detail about why. Just state you were discharged due to performance concerns. Your employer will have a chance to respond, and then NYS Department of Labor will make a determination.
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Omar Fawaz
•Should I mention the write-ups when I file or just say performance issues?
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Diego Rojas
•Just say you were discharged for performance reasons. Keep it simple and factual. Don't elaborate unless they specifically ask for more details during adjudication.
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Anastasia Sokolov
I was in a similar situation last year - got fired from my warehouse job for 'not meeting productivity standards.' I was terrified I wouldn't get approved but NYS Department of Labor sided with me after about 3 weeks of adjudication. The employer tried to claim I was deliberately working slowly but couldn't prove it was intentional misconduct. Performance issues and misconduct are two very different things in the eyes of unemployment law.
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Omar Fawaz
•That gives me hope! Did you have to provide any documentation during the adjudication process?
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Anastasia Sokolov
•They asked for my side of the story and any documentation I had. I submitted the performance reviews showing I was trying to improve. The whole process was stressful but worth it.
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StarSeeker
Getting through to NYS Department of Labor by phone is impossible these days if you need to check on your claim status. I spent weeks trying to call and either got busy signals or was hung up on after waiting for hours. Finally found this service called Claimyr (claimyr.com) that calls them for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed to resolve an issue with my adjudication.
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Sean O'Donnell
•Is that legit? Sounds too good to be true with how impossible it is to reach anyone at NYS Department of Labor these days.
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StarSeeker
•Yeah it's real, they just handle the calling part for you. I was skeptical too but it actually worked when nothing else did.
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Zara Ahmed
The system is so rigged against workers it's not even funny. They'll make you jump through hoops and wait weeks just to get what you're entitled to. Even if you qualify they'll probably find some reason to deny you first just to see if you'll fight it.
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Chloe Martin
•While the process can be frustrating, most legitimate claims do get approved eventually. The key is following the rules and being persistent with appeals if needed.
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Luca Esposito
same thing happened to me but with attendance instead of performance, still got approved after like a month
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Vince Eh
Just want to add that you should also start documenting everything now - save any emails, texts, or paperwork from your employer about the termination. If they contest your claim during adjudication, having written evidence of their stated reasons can really help your case. Also, make sure you're actively job searching and keeping records of your applications, as that's required to maintain eligibility. The online filing system walks you through everything step by step, so don't stress too much about making mistakes - you can always clarify details later if needed.
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Sofia Ramirez
•This is really solid advice about documenting everything! I wish I had known this when I was going through my own unemployment claim process. The job search requirement is definitely something to stay on top of - they can ask for your search log at any time. One thing I'd add is to keep copies of your pay stubs and any performance reviews you might have, even if they weren't great. Sometimes having the full paper trail helps show you were making an effort to improve rather than just being willfully negligent.
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