Can you file for unemployment if you're fired - NYS Department of Labor eligibility question
I got terminated from my job last week and I'm not sure if I can even apply for unemployment benefits. My boss said it was due to performance issues but I think it was really because I asked for time off for a family emergency. Does anyone know if you can file for unemployment if you're fired in New York? I've never had to deal with NYS Department of Labor before and their website is confusing me. Do they automatically deny claims if you were terminated?
18 comments


Connor Gallagher
Yes, you can absolutely file for unemployment even if you were fired. NYS Department of Labor looks at whether you were terminated for 'misconduct' specifically. Performance issues usually don't count as misconduct unless you were willfully negligent or violated clear policies. The fact that you refused unsafe or unreasonable work demands could actually work in your favor. File your claim immediately - you have nothing to lose by applying.
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Zainab Omar
•Thank you! That makes me feel better. I was so stressed thinking I wouldn't qualify at all. Should I mention the overtime issue when I file my claim?
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Mei Wong
Yes, you can definitely file for unemployment even if you were fired! The key is whether it was for misconduct or not. Performance issues usually don't disqualify you from UI benefits in New York. You should file your claim right away on the NYS Department of Labor website. They'll review your case during adjudication and determine if you're eligible.
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GalaxyGlider
•Thank you! That's such a relief. I was worried I wouldn't be able to get any benefits. How long does the adjudication process usually take?
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Liam Sullivan
I was fired from my retail job in March and got approved for unemployment. As long as you weren't fired for serious misconduct like stealing or showing up drunk, you should be fine. NYS Department of Labor will contact both you and your employer to get both sides of the story. Make sure you have documentation about the family emergency situation you mentioned.
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Amara Okafor
•How long did it take for them to make a decision on your claim? I'm in a similar situation.
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Liam Sullivan
•About 3 weeks for me, but I've heard it can take longer if there are complications.
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Yara Sayegh
I was fired for attendance issues last year and still got approved for UI benefits. NYS Department of Labor will investigate your termination during the adjudication process. They'll contact your employer and ask for documentation. If your employer can't prove willful misconduct, you'll likely get approved. Make sure you have any documentation about the overtime situation ready in case they ask.
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Keisha Johnson
•How long did your adjudication take? I'm going through something similar right now.
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Giovanni Colombo
ugh the whole system is such a mess, I've been trying to get through to someone at NYS Department of Labor for weeks about my claim status and keep getting hung up on
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Fatima Al-Qasimi
•I had the same problem calling them directly. I ended up using this service called Claimyr (claimyr.com) that gets you connected to an actual NYS Department of Labor agent. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. It saved me hours of frustration trying to get through on my own.
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Paolo Longo
I had such a hard time getting through to NYS Department of Labor when I was dealing with my termination case. The phone lines are always busy and I kept getting disconnected. I ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of frustration when I needed to explain my situation to someone who could actually help.
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Zainab Omar
•Thanks for the tip! I'll definitely check that out if I have trouble reaching someone at NYS Department of Labor.
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StarStrider
File ASAP! Even if you think you might not qualify, let NYS Department of Labor make that determination. I thought I wouldn't qualify when I got laid off but ended up getting benefits. The worst thing that can happen is they say no, but at least you tried. You have to file weekly claims too once you get approved.
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GalaxyGlider
•Good point, I'll file today. Better to try than wonder what if.
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CosmicCowboy
just file anyway!! they cant deny you for trying and worst case they say no but at least you tried. i got fired for being late too many times but still got my benefits because it wasnt like i was stealing or anything serious
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Amina Diallo
The NYS Department of Labor system is so messed up though. Even if you qualify they'll find some reason to delay your claim for weeks. I've been waiting 3 weeks just for them to make a decision on my case and nobody can tell me what's taking so long. But yeah definitely file because you never know.
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Oliver Schulz
•Same here! The whole process is so frustrating. At least we're not alone in this struggle.
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