Can you get unemployment benefits if you are fired from your job in NY?
I was terminated from my retail job last week and I'm not sure if I can even apply for unemployment benefits. My manager said I was fired for 'performance issues' but I think it was really because I requested time off for a medical appointment. I've been working there for 8 months and never had any write-ups before this. Does anyone know if you can get NYS Department of Labor benefits when you're fired? I'm really stressed about paying rent next month.
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Aisha Rahman
Yes, you can definitely get unemployment benefits if you're fired in most cases! The key is whether you were terminated for 'misconduct.' Performance issues usually don't count as misconduct unless they were willful or repeated after warnings. Being fired for attendance, poor performance, or even personality conflicts typically qualifies you for benefits. File your claim right away - you can always appeal if they initially deny it.
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Mateo Perez
•Thanks! That's reassuring. So even though they said performance issues, I should still apply? I'm worried they'll just deny me automatically.
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CosmicCrusader
File immediately on the NYS Department of Labor website. When you're filling out the application, be honest about being terminated but explain your side. If they fired you for requesting medical time off, that could actually be illegal depending on the circumstances. The worst thing that happens is they deny your claim and you appeal it. I was fired from my last job for 'not being a good fit' and got approved no problem.
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Ethan Brown
•This! I was so scared to apply after being fired but it turned out fine. They barely asked any questions during my phone interview.
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Yuki Yamamoto
ugh the whole system is so confusing!! I got fired 3 months ago and my claim is STILL in adjudication. They keep asking for more information about why I was terminated. It's like they assume you did something wrong if you were fired. So frustrating trying to get through to anyone at NYS Department of Labor to explain what's happening.
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Carmen Ortiz
•Have you tried using Claimyr? I found out about it when I was stuck trying to reach someone at NYS Department of Labor. They help you get through to an actual agent instead of waiting on hold for hours. Check out claimyr.com - there's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much time and stress.
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Yuki Yamamoto
•Never heard of that but I'll definitely check it out. At this point I'm willing to try anything to get someone to look at my case.
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Andre Rousseau
same boat here, got canned last month for 'attitude problems' which is bs. filed right away and got approved within 2 weeks. just be honest on the application and don't overthink it.
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Zoe Papadakis
Wait, I thought if you got fired you couldn't get unemployment? My friend told me only people who get laid off can collect benefits. Now I'm wondering if I missed out when I got fired from my restaurant job six months ago...
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Aisha Rahman
•That's a really common misconception! You can absolutely get benefits if you're fired, as long as it wasn't for serious misconduct like stealing or violence. Even things like tardiness or poor performance usually qualify you. Your friend was wrong about that - you should have applied!
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Olivia Evans
@Mateo Perez - definitely apply right away! The fact that you were fired right after requesting medical time off is a huge red flag and could actually work in your favor. New York has strong protections for employees who need medical leave. When you file your claim, make sure to mention the timeline - that you requested medical time off and were suddenly fired for "performance issues" with no prior warnings. Document everything you can remember about the situation. Even if they initially deny your claim, you have a strong case for appeal. Don't let them intimidate you out of filing - you've been paying into this system and you deserve these benefits when you need them.
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Hunter Edmunds
•This is really good advice! The timing of your firing right after requesting medical leave definitely sounds suspicious. I'd also suggest keeping records of any texts, emails, or documentation from when you requested the time off. If you have anything in writing that shows you followed proper procedures for requesting medical leave, that could really help your case. The fact that you had no prior write-ups after 8 months makes their "performance issues" claim look pretty weak too.
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