Can you get unemployment if you get fired from your job in NY?
Got let go from my warehouse job last week and wondering if I can even apply for unemployment benefits? My supervisor said it was for attendance issues but I was only late a few times due to childcare problems. Do I qualify for NYS Department of Labor benefits if I was terminated? Really stressed about paying rent next month.
22 comments


Yuki Tanaka
Yes you can still file for unemployment even if you were fired, but it depends on the reason. NYS Department of Labor will investigate whether it was for 'misconduct' or not. Attendance issues might not automatically disqualify you, especially if there were legitimate reasons like childcare. File your claim immediately - don't wait.
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Ethan Wilson
•Thank you! Should I mention the childcare situation when I file or just answer their questions directly?
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Diego Vargas
Getting fired doesn't automatically disqualify you from unemployment benefits in New York. It depends on WHY you were fired. NYS Department of Labor will review your case to determine if the termination was for 'misconduct.' Attendance issues can be tricky - if you were repeatedly warned and it was willful disregard of company policy, they might consider it misconduct. But if there were legitimate reasons (like transportation issues you mentioned), you might still qualify. You should definitely file a claim and let them investigate.
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Chloe Harris
•Thanks, that's reassuring. I did get written up twice but I tried to explain about the bus situation. Should I mention that when I file my claim?
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Carmen Diaz
same thing happened to my brother last year, took forever to get approved but he eventually did
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Andre Laurent
The key is whether NYS Department of Labor considers it 'misconduct.' Being late occasionally due to childcare usually isn't misconduct if you were trying to resolve the issue. When you file your claim, be honest about the circumstances. If your employer contests it, you'll go through adjudication where they review all the evidence. Even if initially denied, you can appeal.
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Ethan Wilson
•How long does the adjudication process usually take? I'm really worried about the timing.
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Andre Laurent
•Adjudication can take 2-6 weeks unfortunately. If you need help getting through to speak with someone at NYS Department of Labor about your case status, I used a service called Claimyr (claimyr.com) that helped me get connected faster. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
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NeonNinja
File immediately! Even if they initially deny your claim, you can appeal. I got fired for 'poor performance' last year and NYS Department of Labor approved my benefits after reviewing the case. The key is being honest about what happened but also explaining your side. Document everything you remember about the warnings, your explanations to management, and the transportation issues. If you have any texts or emails about the bus schedule changes, save those too.
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Anastasia Popov
•Wait really? I thought if you got fired you couldn't get unemployment at all. This is news to me
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NeonNinja
•Nope, that's a common misconception. You can't get benefits if you quit without good cause or if you're fired for serious misconduct. But regular job performance issues or minor attendance problems usually don't disqualify you.
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Sean Murphy
I was in almost the exact same situation - fired for attendance but it was because my car broke down and I couldn't afford to fix it right away. Initially got denied but won my appeal. The hearing officer said that while I was technically violating company policy, it wasn't willful misconduct because I was trying to get to work and had explained my situation to my supervisor. Took about 6 weeks total but I got all my back benefits.
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Chloe Harris
•How did the appeal process work? I'm worried they're just going to automatically deny me.
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AstroAce
FILE ASAP!! The unemployment system is SO backed up and they make it impossible to reach anyone by phone. I've been calling for weeks about my own claim. Don't let them intimidate you - most employers try to fight every claim regardless.
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Zara Khan
ugh this is so frustrating! I hate how they make you jump through hoops when you already lost your job. Like being fired isn't punishment enough?? The whole system is designed to screw over working people. But yeah definitely file, worst case they say no and you're in the same position you're in now
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Diego Vargas
If you're having trouble getting through to NYS Department of Labor to file your claim or get updates on your case, I used a service called Claimyr that helped me get connected to an actual agent. Their website is claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting busy signals. Really helpful when you need to explain complex situations like transportation issues.
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Luca Ferrari
•interesting, never heard of that before. might check it out if I have trouble with my claim
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Zoe Kyriakidou
Wait are we talking about regular unemployment or something else? I thought if you got fired you couldn't get anything?
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Yuki Tanaka
•No, you're thinking of quitting without good cause. Getting fired doesn't automatically disqualify you from UI benefits.
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Jamal Brown
Oh god this is giving me anxiety - what if they ask for documentation about the childcare issues? What if my employer lies about what happened? What if they say it was misconduct when it really wasn't??
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Yuki Tanaka
•Take a deep breath. Just be honest and provide any documentation you have. NYS Department of Labor investigates both sides of the story.
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Luca Ferrari
Yeah file for sure. My brother got fired for being late and still got approved. Just be honest about everything and don't try to hide anything because they'll find out anyway when they contact your employer.
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