Can you get NYS Department of Labor unemployment benefits if they fire you?
I've been working at my retail job for about 8 months and I think my manager is trying to push me out. They've been writing me up for small things and I'm worried they might fire me soon. If they do fire me, will I be able to get unemployment benefits through NYS Department of Labor? I've heard mixed things about whether you can collect if you get fired vs if you quit. What's the actual rule in New York?
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Alice Pierce
Yes, you can typically get unemployment benefits if you're fired, as long as it wasn't for misconduct. NYS Department of Labor distinguishes between being fired for misconduct (which disqualifies you) and being fired for performance issues or business reasons (which doesn't). If they fire you for attendance problems, not meeting quotas, or just because they don't like you, that's usually not considered misconduct.
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Amy Fleming
•That's good to know! The write-ups have been for things like being 5 minutes late or not folding shirts the exact way they want. Nothing major.
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Esteban Tate
The key thing is misconduct. NYS Department of Labor defines misconduct pretty specifically - it has to be willful violations of company policy or deliberate actions that harm the employer. Just being bad at your job or personality conflicts usually don't count as misconduct. When you file your claim, they'll ask for details about why you were fired and may contact your employer to verify.
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Amy Fleming
•What if they claim I was stealing or something? Can they just make stuff up?
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Alice Pierce
•They'd need to provide evidence of actual misconduct. False accusations don't automatically disqualify you - NYS Department of Labor investigates these claims during adjudication.
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Ivanna St. Pierre
I got fired from my last job for 'performance issues' and had no problem getting unemployment. Filed my claim online through my.ny.gov and it was approved within two weeks. The employer didn't even contest it.
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Elin Robinson
If you do get fired and your employer contests your unemployment claim, you might face adjudication which can take weeks to resolve. I had to wait over a month when my former employer claimed I was fired for misconduct. Eventually NYS Department of Labor ruled in my favor but it was stressful. If you're having trouble reaching them about your case status, I used a service called Claimyr that helped me get through to an actual agent at claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
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Amy Fleming
•A month is a long time to wait! Did you get back pay for those weeks?
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Elin Robinson
•Yes, once they approved my claim I got retroactive payments for all the weeks I was eligible. Just had to keep filing my weekly claims even during adjudication.
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Atticus Domingo
this happened to my cousin last year, they fired her for being 'difficult' but she got unemployment no problem. just document everything they're doing to you now in case you need it later
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Beth Ford
The unemployment system is so confusing! I never know what counts as misconduct vs just getting fired. Seems like unless you like punch someone or steal money you should be okay?
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Alice Pierce
•That's basically right - misconduct has to be pretty serious. Things like chronic tardiness might qualify if it's really bad, but minor performance issues usually don't.
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