Can you collect unemployment if you got fired - NYS Department of Labor rules?

You can absolutely file for unemployment even if you were fired! The key is whether it was for 'misconduct' or not. Performance issues usually don't count as misconduct unless there was willful disregard of company rules. Missing work for sick family members is often protected, especially if you followed proper procedures. File your claim ASAP - the NYS Department of Labor will investigate and make the determination. Don't let your employer's characterization stop you from applying.

yeah i got fired from my retail job for being late too many times and still got approved for benefits. took like 3 weeks though because they had to do some investigation thing

The NYS Department of Labor looks at the specific reason for termination. If your employer contests your claim, you'll likely go through adjudication where they review all the details. Make sure you have documentation of any sick leave policies and communications about your absences. If you get denied initially, you can appeal - many people win their appeals even after initial denials.

I had a similar situation last year - got fired after 3 years at my job for 'attitude problems' which was complete BS. I was stressed because they kept cutting hours. Initially got denied but after struggling to reach anyone at NYS Department of Labor for weeks, I found this service called Claimyr (claimyr.com) that actually got me through to a real person to explain my situation. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made all the difference in getting my appeal approved.

The unemployment system is such a joke. They make it seem like you can't get benefits if you're fired but then half the people I know who got fired ended up getting approved anyway. Just file and see what happens - worst they can do is say no.

File immediately! Even if there's going to be an investigation, you want to get your claim date established. I waited too long when I got fired and lost out on like $800 because the benefits don't backdate to before you actually file.

Don't let the "performance issues" label scare you away from filing. I work in HR and see this all the time - employers often use vague terms like that to avoid unemployment liability, but it rarely holds up with the Department of Labor unless there's documented willful misconduct. The fact that you were caring for a sick child and had no prior written warnings actually works in your favor. NY has strong protections for family care situations. File your claim today and be honest about everything - both the performance issues they cited AND the family care absences. The DOL investigators are pretty good at seeing through employer BS when there's no real documentation of misconduct.