Can you get unemployment if you have been fired - NYS Department of Labor eligibility question
Got terminated from my retail job last week for allegedly violating company policy (they said I was late too many times but I had documentation showing I called in sick). HR made it sound like I wouldn't be eligible for unemployment since I was fired. Is this true? Can you actually get NYS Department of Labor benefits if you've been terminated? I really need to know what my options are here because I've got bills to pay and this whole situation feels unfair.
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Zara Rashid
Yes, you can absolutely get unemployment benefits even if you were fired! The key is whether you were fired for misconduct or not. NYS Department of Labor will review your case during adjudication to determine if your termination was for misconduct connected to work. Being late due to illness with proper documentation typically wouldn't qualify as misconduct. You should definitely file your claim right away.
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Sean Doyle
•Really? That's such a relief! I was worried I wouldn't qualify at all. Should I mention the sick documentation when I file my weekly claims?
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Luca Romano
same thing happened to me got fired for attendance but it was because of medical issues and I still got approved just took forever
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Nia Jackson
The NYS Department of Labor has specific guidelines about what constitutes misconduct. Generally, you need to have willfully violated a known company policy or engaged in behavior that's detrimental to the employer's interests. Simple tardiness, especially with valid reasons like illness, usually doesn't rise to that level. When you file, be honest about the circumstances but emphasize any legitimate reasons for the attendance issues.
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Mateo Hernandez
•What if they claim it was willful though? Like what if my employer tells NYS Department of Labor I was just being lazy or something? Will they believe them over me?
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Nia Jackson
•That's exactly why the adjudication process exists. NYS Department of Labor will contact both you and your employer to get both sides of the story. Make sure you have your sick call documentation ready and any other evidence that supports your case.
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CosmicCruiser
I had trouble reaching anyone at NYS Department of Labor when I needed to explain my termination situation. Kept getting disconnected or put on endless hold. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was super helpful for getting my questions answered about whether my firing affected my eligibility.
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Sean Doyle
•Interesting, I'll check that out if I run into issues getting through to someone. Thanks for sharing!
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Aisha Khan
UGH the whole system is SO FRUSTRATING! They make you jump through hoops even when you were clearly wrongfully terminated. I got fired for 'performance issues' but it was really because I complained about safety violations and they got me back through firing!! Still fighting it months later.
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Ethan Taylor
Just remember to file your claim immediately even if you're not sure about eligibility. You can always appeal if they deny you, but you can't get back pay for weeks you didn't file. The worst that happens is they say no, but based on what you're describing, you have a good chance of approval.
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Sean Doyle
•Good point about filing right away. I was hesitating because I wasn't sure, but I'll do it today. Thanks everyone for the advice!
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Oliver Zimmermann
I went through something similar last year - got fired for what they called "policy violations" but it was really just personality conflicts with my supervisor. The NYS Department of Labor investigation was actually pretty thorough and fair. They looked at all the documentation I provided and ultimately approved my claim because they determined it wasn't misconduct. The key is being completely honest in your application and having any documentation ready (like those sick call records you mentioned). Don't let your former employer intimidate you - file that claim ASAP and let the state make the determination. You've got rights as a worker!
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Liam McGuire
•That's really encouraging to hear! It sounds like the investigation process is more fair than I expected. Did you have to do anything special to prepare for when they contacted you, or just make sure you had your documentation organized? I'm feeling a lot more confident about filing now after reading everyone's experiences here.
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Sofia Torres
•@Oliver Zimmermann That s'really helpful to know the process was fair for you! I m'definitely going to file today. One quick question - when they contacted you during the investigation, was it by phone or mail? I want to make sure I m'checking all the right places for communication from them. Also really appreciate everyone sharing their experiences here, it s'making me feel way less anxious about the whole situation.
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