Can you file unemployment if you get fired from your job in New York?
I got terminated from my retail job last week after working there for almost two years. My manager said it was for attendance issues but I only called out sick three times this year and had doctor's notes. I'm really confused about whether I can even apply for unemployment benefits through NYS Department of Labor since I didn't quit voluntarily. Does getting fired automatically disqualify you from UI benefits? I need to know if it's worth filing a claim or if I should just focus on job hunting.
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Liam McConnell
You can absolutely file for unemployment benefits even if you were fired! The key factor NYS Department of Labor looks at is whether you were terminated for 'misconduct.' Simple attendance issues with medical documentation usually don't qualify as misconduct. You should definitely file your claim as soon as possible - there's no penalty for filing and being denied, but there can be consequences for waiting too long to file.
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Mei Zhang
•Thank you! That's really reassuring. I was worried they'd automatically reject my claim since I got fired.
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Amara Oluwaseyi
yeah i got fired for being late too much and still got my benefits approved took like 6 weeks though because they had to do that adjudication thing
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CosmicCaptain
The misconduct standard in New York is pretty high - it has to be willful and substantial disregard of your employer's interests. Three sick days with doctor's notes over a year definitely doesn't meet that threshold. File your weekly claims immediately after submitting your initial application. Even if your claim goes into adjudication, you want to establish your filing date.
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Giovanni Rossi
•What happens during adjudication exactly? I keep seeing that term but don't really understand what it means for my claim.
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CosmicCaptain
•Adjudication is when NYS Department of Labor reviews the circumstances of your separation from employment. They'll contact both you and your former employer to get statements about what happened. It can take several weeks, but as long as you keep filing your weekly claims, you'll get backpay if approved.
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Fatima Al-Maktoum
I was in a similar situation last year - got let go for what my boss called 'performance issues' but it was really just that they were cutting costs. I was so worried about filing but ended up getting approved after about a month of adjudication. The whole process was way less scary than I thought it would be. Just make sure you have documentation of everything - your hire date, any warnings you received, medical notes, etc.
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Dylan Mitchell
UGH the whole system is such a nightmare though! I've been trying to get through to someone at NYS Department of Labor for weeks about my claim status and the phone just rings forever or I get disconnected. How are you supposed to get answers when you can't even talk to a human being?
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Sofia Gutierrez
•I had the exact same problem until someone told me about this service called Claimyr (claimyr.com). They actually get you connected to a real NYS Department of Labor agent on the phone. I was skeptical at first but tried it and got through in like 20 minutes after weeks of trying myself. There's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Seriously saved my sanity dealing with this whole unemployment mess.
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Amara Oluwaseyi
btw make sure you start looking for work right away because they require you to do job searches every week. i think its like 3 work search activities per week now
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Mei Zhang
•Good point, I'll start applying places tomorrow. Do I need to keep records of where I apply?
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Liam McConnell
•Yes, definitely keep a job search log. NYS Department of Labor can request it at any time and if you can't provide documentation of your work search activities, they can disqualify you from benefits.
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