Can you get unemployment if you get fired - NYS Department of Labor eligibility question

Yes, you can definitely apply for unemployment even if you were fired! The key factor NYS Department of Labor looks at is whether you were terminated for 'misconduct.' Based on what you described, a disagreement about work processes doesn't typically qualify as misconduct. Performance issues also don't automatically disqualify you unless they involve willful negligence. You should file your claim right away since there's a waiting period anyway.

i got fired from my last job too and still got benefits. took like 3 weeks for them to decide but they approved it. just be honest when you fill out the application

The misconduct standard in New York is actually pretty high. NYS Department of Labor has to prove you deliberately violated company policy or were grossly negligent. A workplace disagreement definitely doesn't meet that threshold. When you file your claim, answer all questions honestly but don't volunteer extra information that wasn't asked for. If your former employer contests the claim, you'll have a chance to present your side during the adjudication process.

I've been dealing with NYS Department of Labor for months trying to get through to someone about my claim status. If you need to actually talk to a real person there, I found this service called Claimyr that helped me get connected. You can check them out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call the regular number.

ugh the whole system is ridiculous. even when you qualify they make you jump through hoops for weeks. but yeah you should be able to get benefits if you werent doing anything actually wrong

Just to add - make sure you file your weekly claims even if your initial claim is still being reviewed. And start documenting your job search activities right away since you'll need to show you're actively looking for work once benefits start.

I went through something similar last year - got terminated after speaking up about safety concerns at my workplace. NYS Department of Labor approved my claim after about 4 weeks. The key thing is that they look at the specific reason for termination, not just that you were fired. Standing up for yourself or having workplace disagreements isn't misconduct. Make sure to file your claim ASAP since benefits are backdated to when you first file, not when they approve it. Also keep records of everything - any emails, write-ups (or lack thereof), and witness contacts if possible. You've got a strong case based on what you described.