Can you collect unemployment when fired from your job in New York?

Yes, you can potentially collect unemployment benefits even if you were fired, but it depends on the reason for termination. NYS Department of Labor will review whether you were fired for 'misconduct.' Simple performance issues or attendance problems that aren't willful misconduct usually don't disqualify you. However, if you were fired for things like theft, insubordination, or repeatedly violating company policy after warnings, that could be considered misconduct and make you ineligible.

File your claim right away even if you're not sure about eligibility. The worst they can do is deny it, and if they do you can appeal. When you file online through my.ny.gov, be honest about why you were terminated but explain your side of the story. If your employer contests the claim, NYS Department of Labor will conduct an adjudication process to determine if you're eligible.

I'm going through something similar right now! My claim has been in adjudication for 2 weeks because my former employer is fighting it. They're saying I was fired for cause but I think they're just trying to avoid their unemployment taxes going up. It's so stressful waiting to hear back from NYS Department of Labor.

ugh the whole system is rigged against workers!! employers can just make up whatever reason they want and fight your claim even when they know they're wrong. i got fired for bogus reasons too and had to go through a whole hearing process that took months

Just make sure you keep filing your weekly claims even while the adjudication is pending. If you're eventually approved, you'll get backpay for those weeks, but only if you kept certifying.

The key thing to remember is that being fired for attendance issues due to car trouble likely won't be considered willful misconduct. NYS Department of Labor looks at whether you deliberately violated company policy or were negligent. Mechanical problems are generally considered circumstances beyond your control. When you file your claim, document any evidence you have about the car trouble (repair receipts, tow records, etc.) and be prepared to explain that the tardiness wasn't intentional. Also, since you worked for 8 months, you should have enough work history to qualify for benefits assuming you meet the wage requirements.

I went through almost the exact same situation about 6 months ago - fired from a retail job for attendance issues that were mostly due to transportation problems. The whole process was honestly pretty stressful, but I did end up getting approved for benefits. My advice would be to file your claim immediately through ny.gov and be completely transparent about being fired for attendance, but make sure to explain the car trouble circumstances in detail. I also recommend keeping a simple timeline of when your car problems occurred and how they affected your attendance - this helped me a lot when I had to explain my situation. The NYS Department of Labor really does look at whether the attendance issues were willful misconduct or due to circumstances beyond your control. Since you mentioned it was car trouble causing the tardiness rather than you just deciding not to show up, that works in your favor. Don't let your employer intimidate you if they contest the claim - many retail employers automatically contest claims, but that doesn't mean they have a strong case against you.