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 a similar situation last year and was able to get unemployment after being fired for attendance issues. The key is being completely honest when you file your claim about the circumstances - don't try to hide that you were fired, but explain the car trouble situation clearly. NYS Department of Labor will likely contact your employer and possibly you for more details. Keep any documentation you have about the car problems (repair bills, AAA calls, etc.) as that can help show it wasn't willful misconduct. The process took about 3 weeks for me to get a decision, but I did receive benefits retroactively. Don't let your employer intimidate you - they contest claims all the time but that doesn't mean they'll win.

I was in a similar situation a few months ago and want to echo what others have said - definitely file your claim right away! Don't wait. When I was fired for what my employer called "performance issues," I was terrified I wouldn't qualify, but the NYS Department of Labor approved my claim after reviewing the details. The key is that they distinguish between being fired for misconduct (which can disqualify you) versus being fired for reasons outside your control or simple performance issues. Car trouble causing attendance problems generally isn't considered willful misconduct. Make sure to gather any documentation about your car issues and be prepared to explain the situation clearly and honestly during the application process. The whole thing was nerve-wracking but I'm glad I didn't let fear stop me from applying.

I work for a nonprofit that helps people navigate unemployment claims, and I want to add that you should also be prepared for the possibility that your employer might contest your claim - this is actually pretty common, especially with retail employers who are concerned about their unemployment tax rates. If they do contest it, don't panic! You'll have the opportunity to participate in a phone hearing where you can tell your side of the story and present any evidence about your car trouble. The hearing officer will ask questions of both you and your employer to get the full picture. I've seen many cases where employees were initially denied but won on appeal because they were able to provide documentation and clearly explain that their attendance issues were due to circumstances beyond their control. Keep all your car repair receipts, towing records, and any communication you had with your employer about the car trouble - these can be crucial evidence if it goes to a hearing.

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.

I'm currently dealing with a similar situation and wanted to share what I've learned so far. I was fired from my job three weeks ago for what they called "performance issues" but I believe it was actually retaliation for asking about overtime pay. I filed my unemployment claim the same day I was terminated, and while it's still being processed, I've been doing a lot of research on NY unemployment law. One thing I discovered is that you can request a copy of your personnel file from your former employer - this can sometimes reveal inconsistencies in their documentation that might help your case. Also, if you had any witnesses to conversations with your manager about the car trouble or attendance issues, it might be worth reaching out to them (if you're still on good terms) to see if they'd be willing to provide a statement. The process is definitely intimidating but from everything I've read and heard from others, being honest and having documentation is your best bet. Good luck with your claim!

I've been helping friends and family navigate unemployment claims in NY for years, and I want to emphasize something important that hasn't been mentioned yet - when you file your claim, make sure you also apply for any job search waivers if you're eligible. While you're looking for work, NYS Department of Labor normally requires you to make a certain number of job contacts per week, but there are sometimes waivers available that can reduce this requirement temporarily. Also, don't forget to look into other programs you might qualify for while your claim is being processed - things like SNAP benefits or emergency rental assistance can help bridge the gap. The unemployment process can take several weeks even in straightforward cases, so having other support systems in place is crucial. Your situation with car trouble causing attendance issues is definitely not uncommon, and from what I've seen, these cases often get approved as long as you can show it wasn't willful misconduct. Keep your chin up and file that claim today!

I'm a former HR manager and wanted to add that when you file your claim, you should also know that NYS Department of Labor will likely send a "Notice of Claim Filed" to your former employer, giving them a chance to respond with their version of events. Don't be surprised if they try to make the attendance issues sound worse than they were - this is pretty standard. The good news is that the burden is actually on the employer to prove misconduct, not on you to prove innocence. Since your attendance issues were due to legitimate car trouble rather than just not wanting to work, you're in a much stronger position than you might think. Also, if you do end up in a phone hearing, speak slowly and clearly, stick to the facts, and don't get emotional even if your former employer says things that upset you. The hearing officers have heard it all before and they're pretty good at seeing through employer exaggerations. File your claim today and don't let them intimidate you!

I just wanted to say thank you to everyone who shared their experiences and advice here! Reading through all these responses has been incredibly helpful and reassuring. I was really anxious about filing for unemployment after being fired, but now I understand that car trouble causing attendance issues isn't considered willful misconduct. I've gathered all my repair receipts and towing records, created a timeline of when the car problems occurred, and I'm ready to be completely honest about the circumstances when I file my claim. It's good to know that even if my employer contests it, there's still a good chance of approval and an appeals process if needed. I'm going to file my claim today and also look into those other support programs that were mentioned. This community has been amazing - thank you all for taking the time to help someone you don't even know!

I'm new to this community but wanted to share what I learned when I went through a similar situation about a year ago. I was also fired from a retail job for attendance issues - in my case it was due to childcare problems when my regular babysitter got sick multiple times. Like you, I was terrified that being fired would automatically disqualify me from unemployment benefits. But I filed anyway and was approved after about 3 weeks. The key things that helped my case were: 1) I filed immediately and was completely honest about being terminated, 2) I documented all the childcare emergencies that caused my absences, and 3) I explained clearly that these were unforeseeable circumstances beyond my control, not me just choosing not to show up. Your car trouble situation sounds very similar - mechanical problems are definitely not willful misconduct. Don't let fear stop you from applying! The worst case scenario is they deny it and you appeal. But based on what you've described, you have a good chance of being approved. File today and keep us updated on how it goes!

I'm new to this community but wanted to chime in since I recently went through something very similar. I was fired from my job at a restaurant for what they called "reliability issues" but it was really because I had to miss work when my elderly father was hospitalized unexpectedly. I was so worried about applying for unemployment because I thought being fired meant automatic disqualification. Reading through all these responses has been really eye-opening! It sounds like NYS Department of Labor really does look at the specific circumstances rather than just the fact that you were terminated. Everyone's advice about filing immediately, being honest, and keeping documentation is spot on. I ended up getting approved after about a month, even though my employer initially contested it. The hearing process was nerve-wracking but the officer was fair and understood that family medical emergencies aren't misconduct. Your car trouble situation definitely sounds like it falls into the same category of circumstances beyond your control. Don't let your employer's version of events discourage you - file that claim and fight for what you're entitled to!