Can you get NYS Department of Labor unemployment benefits if you were terminated from your job?
I was just terminated from my warehouse job last Friday after working there for 8 months. My supervisor said it was due to attendance issues but I only called out sick 3 times and had doctor notes for 2 of them. I'm really stressed about money and wondering if I can even apply for unemployment benefits through NYS Department of Labor since I was fired instead of laid off. Does anyone know if termination automatically disqualifies you or if there's still a chance? I've never had to deal with this before and honestly don't know where to start.
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Aisha Hussain
Yes, you can absolutely apply for unemployment benefits even if you were terminated! The key factor NYS Department of Labor looks at is whether you were fired for 'misconduct.' Performance issues generally don't count as misconduct unless it was willful negligence. Since you weren't written up previously, that works in your favor. Apply as soon as possible and be honest about the termination reason when filing your initial claim.
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Mateo Martinez
•Thank you! That's such a relief. I was so stressed thinking I couldn't get any benefits. Should I mention that I never received any warnings?
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Ethan Clark
File your claim immediately! NYS Department of Labor has a waiting period anyway, so the sooner you start the process the better. When they ask about your separation reason, just put 'terminated' and explain the circumstances honestly. If your employer contests it, you'll have a chance to appeal and present your side. Don't let fear of denial stop you from applying - you have nothing to lose.
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StarStrider
•This is good advice. I got fired from my last job too and was approved after they investigated. The whole process took about 3 weeks but I did get my benefits.
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Scarlett Forster
You can definitely still get unemployment benefits even if you were terminated! The key thing NYS Department of Labor looks at is whether you were fired for misconduct or not. Attendance issues can be tricky - if they consider it misconduct you might be disqualified, but if it was due to legitimate illness or circumstances beyond your control, you should be fine. You need to file your claim as soon as possible and be completely honest about why you were terminated. They'll investigate during the adjudication process.
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Cole Roush
•Thank you! That makes me feel a bit better. Should I mention the doctor notes when I file? And how long does the adjudication process usually take?
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Yuki Sato
wait what exactly counts as misconduct?? I'm asking because I got terminated too but for being late a few times. Is that considered misconduct or performance issues? I'm scared to even apply now
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Aisha Hussain
•Chronic tardiness can be tricky - it depends on your employer's policies and whether you received progressive discipline. If you were just terminated without warnings, you might still qualify. Each case is different, so definitely apply and let NYS Department of Labor make the determination.
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Arnav Bengali
same thing happened to my brother last year, he got fired for being late too many times but still got approved for benefits. took like 3 weeks to hear back though
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Carmen Ruiz
Been through this exact situation! Got terminated from my warehouse job for 'productivity' reasons. NYS Department of Labor approved my claim after about 2 weeks of adjudication. The key is being completely honest in your application. They'll contact your employer to verify the details, so don't try to sugarcoat anything.
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Mateo Martinez
•Did your employer try to fight it? I'm worried my manager might make up stuff to prevent me from getting benefits.
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Carmen Ruiz
•They did contest it initially, but when NYS Department of Labor investigated they found the employer couldn't prove misconduct. As long as you weren't stealing or anything serious, you should be fine.
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Sayid Hassan
Yes, absolutely mention the doctor notes when you file your claim! That's crucial evidence that your absences were legitimate and not misconduct. When you're filling out the application on the NYS Department of Labor website, there's a section where you can explain the circumstances of your termination. Be specific about having medical documentation. The adjudication process varies but typically takes 2-4 weeks. They might contact your former employer to get their side of the story too.
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Cole Roush
•Perfect, I still have copies of the doctor notes saved. Should I upload them right when I file or wait until they ask for them?
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Sayid Hassan
•Upload them when you file if the system allows it, otherwise keep them ready. Having that documentation from the start strengthens your case significantly.
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Andre Lefebvre
I had a really hard time getting through to NYS Department of Labor when I needed to check on my claim status after being terminated. Spent hours on hold and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to an agent in like 15 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed answers about my termination case.
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Mateo Martinez
•Thanks for sharing! I'll definitely check that out if I have trouble getting through to them.
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Rachel Tao
Wait I'm confused about this whole thing. If you get fired for attendance can they really still give you unemployment?? That seems wrong to me. I thought unemployment was only for people who got laid off through no fault of their own.
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Scarlett Forster
•It depends on the specific circumstances. NYS Department of Labor distinguishes between being fired for misconduct versus other reasons. If someone has legitimate medical issues causing absences, that's not typically considered misconduct. The system is designed to help people who lose their jobs through no fault of their own, which can include some termination situations.
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Derek Olson
I had a nightmare trying to get through to NYS Department of Labor when I had questions about my termination case. Spent hours on hold just to get disconnected. If you need to actually talk to someone about your specific situation, I found this service called Claimyr (claimyr.com) that helps you get connected to NYS Department of Labor agents. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me so much frustration when I needed to check on my adjudication status.
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Cole Roush
•Oh interesting, I hadn't heard of that. How does it work exactly? I'm definitely going to need to call them at some point.
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Danielle Mays
honestly the whole system is rigged anyway. they'll probably deny you just because they can and then you'll have to appeal and wait months. happened to me and three other people i know. but yeah definitely still apply, you never know
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Roger Romero
Good luck with everything! I hope it works out for you. Being terminated is stressful enough without worrying about benefits too.
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