Can you get unemployment for getting fired from your job in NY?
I got fired from my retail job last week for being late too many times. My manager said it was for poor attendance but I was only late because of my car breaking down and having to take the bus. Can I still file for unemployment benefits with NYS Department of Labor even though I was terminated? I heard you can't get benefits if you get fired but my coworker said it depends on the reason. I really need the income while I look for another job. Has anyone been in this situation before?
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Rebecca Johnston
Yes, you can potentially get unemployment benefits even if you were fired, but it depends on whether NYS Department of Labor considers it misconduct. Being late due to transportation issues might not be considered willful misconduct. When you file your claim, be honest about the circumstances and explain the car situation. They'll review your case during adjudication and make a determination.
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KingKongZilla
•Thank you! Should I mention the car problems when I file online? I have repair receipts that show when it broke down.
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Nathan Dell
I got fired for attendance issues too and still got my benefits approved. The key is proving it wasn't intentional misconduct. NYS Department of Labor will look at whether you had control over the situation.
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Maya Jackson
•How long did it take for them to decide? My claim has been in adjudication for 2 weeks now and I'm getting nervous.
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Tristan Carpenter
File your claim immediately - don't wait. Even if you're not sure you'll qualify, you should apply within the first week after becoming unemployed. NYS Department of Labor will investigate and decide if your termination was for misconduct. Transportation problems that were beyond your control are generally not considered misconduct. Make sure to document everything about your car issues.
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KingKongZilla
•I already started the application on my.ny.gov but got stuck on the separation reason part. Should I select 'fired' or something else?
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Tristan Carpenter
•Select 'fired' and then explain the circumstances in the details section. Be completely honest about the attendance issues but emphasize the transportation problems were beyond your control.
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Amaya Watson
The unemployment system is so confusing! I was denied at first when I got fired but then won my appeal. If you do get denied initially don't give up - you can appeal the decision.
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KingKongZilla
•What was your appeal process like? Did you need a lawyer or anything?
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Rebecca Johnston
If you're having trouble reaching NYS Department of Labor by phone to check on your claim status, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to clarify something about my separation reason during adjudication.
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KingKongZilla
•Is that a free service? I've been trying to call for days but keep getting busy signals.
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Rebecca Johnston
•It's not free but was worth it for me when I needed to speak to someone urgently about my claim. Much better than spending hours trying to get through on my own.
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Margot Quinn
I went through something similar when I got fired for attendance issues due to my child's daycare problems. The key thing that helped my case was keeping detailed records of everything - dates of absences, reasons, any communication with my employer about the issues. NYS Department of Labor really does look at whether it was willful misconduct or circumstances beyond your control. Since you have those car repair receipts, definitely include those when you file. Also, if you ever communicated with your manager about the transportation issues beforehand (like emails or texts), gather those too. The more documentation you have showing it wasn't intentional, the better your chances. Good luck!
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Toot-n-Mighty
•This is really helpful advice about documentation! I wish I had thought to save the text messages I sent my supervisor about my car breaking down. Do you think it's too late to try to get copies of those messages now? Also, did you have to go through an appeal process or did they approve you right away with all that documentation?
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