Can you get unemployment if fired for cause - NYS Department of Labor rules?
I got terminated last week and my employer said it was 'for cause' because I was late to work multiple times over the past few months. I know I messed up but I'm wondering if I can still file for unemployment benefits with NYS Department of Labor? The HR person made it sound like I wouldn't qualify but I've been paying into the system for years. Has anyone been in a similar situation? What counts as misconduct that would disqualify you from UI benefits?
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KaiEsmeralda
You can definitely still apply! Being fired 'for cause' doesn't automatically disqualify you from unemployment benefits in New York. The NYS Department of Labor has to determine if your actions rise to the level of 'misconduct' which is a specific legal standard. Being late repeatedly might not meet that threshold depending on the circumstances. File your claim immediately and let them make the determination.
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Millie Long
•Thanks! I was worried I shouldn't even bother applying. Do I need to mention that they said it was for cause when I file?
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Debra Bai
same thing happened to my brother last year, he got fired for attendance issues but still got approved for unemployment after like 3 weeks of waiting
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Gabriel Freeman
NYS Department of Labor uses a specific test for misconduct. It has to be willful, wanton, or deliberate violation of workplace rules. Chronic lateness can qualify as misconduct, but it depends on factors like whether you were warned, if there were legitimate reasons, company policy, etc. The burden is on your employer to prove misconduct occurred. Always file your claim - even if initially denied, you can appeal the decision.
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Laura Lopez
•What if you were never formally written up though? I had attendance problems too but my manager never put anything in writing about it.
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Victoria Brown
I had a nightmare trying to get through to NYS Department of Labor when I was dealing with a misconduct determination. Spent hours on hold every day for weeks. Finally used this service called Claimyr (claimyr.com) that connects you directly to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Got through to someone in 15 minutes instead of waiting all day. Really helped me explain my situation properly and get my claim approved.
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Samuel Robinson
•Interesting, never heard of that before. Did you have to pay for it?
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Victoria Brown
•Yeah there's a fee but honestly worth it to avoid the endless phone tree and busy signals. Saved me probably 20+ hours of trying to call.
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Camila Castillo
The whole system is rigged against workers anyway. They make it SO hard to get benefits even when you deserve them. Employers can just claim anything is misconduct and then you have to fight it for months.
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KaiEsmeralda
•I understand the frustration but NYS Department of Labor actually sides with claimants more often than people think when there's insufficient evidence of true misconduct.
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