Can you get unemployment if you are terminated from your job in NY?
I was just terminated from my job yesterday after working there for 2 years. My supervisor said it was due to performance issues but I feel like it was unfair. I'm wondering if I can still file for unemployment benefits with NYS Department of Labor? I've never been fired before and don't know if being terminated disqualifies you from getting UI benefits. Has anyone been in this situation before? What should I expect when I file my claim?
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Giovanni Rossi
Yes, you can definitely file for unemployment if you were terminated! Being fired doesn't automatically disqualify you from UI benefits in New York. The key is whether you were terminated for misconduct or not. Performance issues usually don't count as misconduct unless they were willful. When you file your claim on the NYS Department of Labor website, be honest about the circumstances but focus on factual details rather than getting defensive.
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CosmicCaptain
•That's a relief to hear! So should I mention that I disagreed with their performance evaluation when I file the claim?
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Fatima Al-Maktoum
File your claim ASAP because there's a waiting week and you want to get the process started. Even if your employer contests it, you can still receive benefits while the adjudication is pending. Just make sure you have documentation of your termination - like your final paycheck stub or any termination letter they gave you. You'll need to do your weekly claim certification every week even during adjudication.
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CosmicCaptain
•I only got a verbal notice of termination. Will that be a problem when NYS Department of Labor reviews my claim?
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Fatima Al-Maktoum
•Not necessarily. Document what you remember - date, time, who told you, exact words used. NYS Department of Labor will contact your employer for their side of the story during the investigation.
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Dylan Mitchell
ugh the whole system is so confusing!! i got fired last year and it took FOREVER for them to decide my case. had to wait like 6 weeks before i heard anything and then they wanted more information. hope you have better luck than me
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CosmicCaptain
•6 weeks?? That sounds terrible. Were you eventually approved for benefits?
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Sofia Gutierrez
If you're having trouble reaching NYS Department of Labor by phone to check on your claim status or get questions answered, I had success using Claimyr (claimyr.com). They helped me get through to an actual agent when I couldn't get past the busy signals. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped during my adjudication process when I needed to provide additional information.
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Dmitry Petrov
•Never heard of that service before. Is it legit or just another scam trying to take advantage of unemployed people?
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Sofia Gutierrez
•It's legitimate - they just help you get through the phone queue system. I was skeptical too but it actually worked when I desperately needed to talk to someone about my pending claim.
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StarSurfer
Just stick to the facts when you file. Don't badmouth your employer or go into a long story about office drama. NYS Department of Labor just wants to know: were you fired for misconduct or not? Performance issues usually aren't misconduct unless you were deliberately sabotaging work or violating clear policies after warnings.
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Ava Martinez
Same thing happened to my brother last month and he got approved for benefits pretty quickly. The employer didn't even contest it. Good luck!
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Noland Curtis
I went through something similar about 6 months ago. Being terminated for performance issues doesn't automatically disqualify you from unemployment benefits in NY. The key thing is that performance issues are generally not considered "misconduct" unless you were deliberately refusing to do your job or violating clear company policies after repeated warnings. When you file your claim online, be straightforward about what happened but don't feel like you need to defend yourself extensively. NYS Department of Labor will investigate and make their determination based on the facts. Make sure to file as soon as possible since there's a waiting period, and keep doing your weekly certifications even if your employer contests the claim. You'll likely be eligible for benefits while the review is pending.
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Yuki Ito
•This is really helpful advice! I'm curious about the weekly certifications you mentioned - do I need to be actively job searching while my claim is being reviewed, or can I wait until it's approved? I don't want to mess up the process by not following the requirements correctly.
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