Can you get NYS Department of Labor unemployment benefits if terminated from your job?
I got fired from my warehouse job last Friday for what my supervisor called 'excessive absences' but I was only out 3 days in the past month due to a family emergency. My manager said it was company policy but didn't give me any written documentation. Can I still file for unemployment benefits with NYS Department of Labor? I'm really stressed about this because I have rent due next week and I don't know if being terminated disqualifies me automatically. Has anyone been in a similar situation?
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Javier Mendoza
Yes, you can absolutely file for unemployment even if you were terminated! Being fired doesn't automatically disqualify you from NYS Department of Labor benefits. The key factor is whether you were terminated for 'misconduct' - which has a very specific legal definition. Excessive absences might not qualify as misconduct, especially if they were for legitimate reasons like family emergencies. You should file your claim immediately and let NYS Department of Labor investigate. They'll contact both you and your employer to get the full story.
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Natasha Kuznetsova
•Thank you so much! I was worried I couldn't even apply. Should I mention the family emergency when I file my claim?
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Emma Thompson
File ASAP! I got fired for 'performance issues' last year and still got approved for benefits. NYS Department of Labor will do their own investigation and make the determination. Your employer will have to provide documentation to prove misconduct, and from what you're describing, it sounds like they might not have a strong case. The worst thing you can do is wait to file - you can always appeal if they initially deny you.
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Malik Davis
•How long did your investigation take? I'm in a similar situation and wondering about timing.
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Emma Thompson
•Mine took about 3 weeks total. They called me first to get my side, then my employer. Just be honest about everything.
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Isabella Santos
ugh I've been trying to get through to NYS Department of Labor for weeks about my claim that's stuck in adjudication!! The phone lines are always busy and when I do get through they just hang up on me. It's so frustrating when you need answers about your benefits. I found this service called Claimyr (claimyr.com) that actually gets you through to agents - they have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Might be worth checking out if you run into phone issues like I did.
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Natasha Kuznetsova
•Thanks for the tip! I'll keep that in mind if I have trouble reaching them.
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StarStrider
definitely file but be prepared for a fight. employers always try to claim misconduct to avoid paying higher unemployment taxes. mine said I was 'insubordinate' when really I just questioned unsafe working conditions. took 2 appeals but I eventually won.
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Ravi Gupta
Wait, I thought if you get fired you can't get unemployment? That's what my cousin told me when he got let go last year.
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Javier Mendoza
•That's a common misconception! You can get unemployment if you're fired, as long as it wasn't for misconduct. Your cousin might have been thinking of quitting - that's when it gets more complicated.
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Oliver Zimmermann
I went through almost the exact same thing! Got terminated for "attendance issues" even though I had legitimate reasons and my supervisor never gave me proper warnings. I filed immediately and got approved after about 2 weeks. The key is to be completely honest about why you were absent - family emergencies are considered legitimate reasons. NYS DOL will review everything and make their own determination. Don't let your employer's characterization discourage you from filing. You've paid into the system and deserve benefits if you qualify. File online today and start your weekly certifications right away!
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