Can you get unemployment if you get terminated from your job in NY?
I just got fired from my retail job yesterday after working there for 8 months. My manager said it was for being late too many times but I feel like that's not really fair since I was only late like 3 times and had good reasons. Anyway, I'm wondering if I can still file for unemployment benefits through NYS Department of Labor even though I got terminated instead of laid off? I really need the money to pay rent and I'm not sure what my options are. Has anyone been in this situation before?
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Sophie Hernandez
Yes, you can potentially qualify for unemployment benefits even if you were terminated, but it depends on the specific circumstances. NYS Department of Labor will investigate whether your termination was for 'misconduct' or not. Being late occasionally usually doesn't rise to the level of misconduct that would disqualify you from benefits. You should definitely file your claim right away since there's a waiting period anyway. The worst they can say is no, but you might be surprised and get approved.
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Emily Thompson
•Thanks! Do I need to tell them the exact reason I was fired when I file the claim? I'm worried they'll automatically deny me if I mention being late.
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Daniela Rossi
File immediately! I got fired from my last job for what they called 'poor performance' and I still got approved for unemployment. The key is that NYS Department of Labor looks at whether you were fired for willful misconduct or just not being good enough at the job. Being late a few times with valid reasons probably won't count as misconduct. When you file online through my.ny.gov, just be honest about the circumstances. They'll contact your employer to get their side of the story too.
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Ryan Kim
•How long did it take for them to make a decision on your claim? I'm in a similar situation and getting really anxious about it.
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Daniela Rossi
•It took about 3 weeks for them to complete the adjudication process. During that time I had to keep filing my weekly claims even though I wasn't getting paid yet. Once they approved me, I got all the back payments.
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Zoe Walker
I had trouble getting through to NYS Department of Labor when I needed to check on my claim status after being terminated. The phone lines are always busy and the online system doesn't always give you enough details. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful for getting answers about my specific situation when I couldn't reach anyone the normal way.
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Elijah Brown
•Never heard of that service before but might be worth trying if the phone lines are as bad as everyone says they are.
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Maria Gonzalez
yeah i got fired too and still got unemployment so dont worry about it just file asap
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Natalie Chen
The unemployment system is so confusing! I've been trying to figure out if I qualify too after getting let go. It seems like they really scrutinize everything when you get fired versus laid off. What if your employer lies about why they fired you? Can you appeal their decision?
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Sophie Hernandez
•Yes, you absolutely have the right to appeal if you're denied benefits. NYS Department of Labor will give you information about the appeals process if your initial claim is rejected. You can provide additional documentation and testimony to support your case.
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