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Arjun Patel

Can you get unemployment if your fired from your job in NY?

My manager fired me last Tuesday and I'm wondering if I can still file for unemployment benefits through NYS Department of Labor? I wasn't stealing or anything like that - they said it was because I was late too many times over the past month. I've been working there for 8 months and this is my first time getting fired from anything. Does being fired automatically disqualify you from getting UI benefits? I really need the money to pay rent while I look for another job.

Jade Lopez

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You can definitely apply for unemployment even if you were fired! NYS Department of Labor doesn't automatically disqualify you just because you were terminated. What matters is WHY you were fired. If it was for misconduct (like stealing, fighting, or willful violations of company policy), then you'd be disqualified. But being late repeatedly might not rise to the level of misconduct depending on the circumstances. When you file your claim, be honest about what happened and let NYS Department of Labor make the determination during adjudication.

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Arjun Patel

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Thanks that makes me feel better! I was worried I wouldn't qualify at all. How long does the adjudication process usually take?

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Tony Brooks

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File your claim ASAP even if you're not sure you'll qualify. The worst they can do is deny it, but you might be surprised. I got fired for poor performance last year and still got approved for benefits. NYS Department of Labor looks at each case individually. Make sure you have documentation of your work history and be prepared to explain your side of the story if they ask.

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wait really?? I thought if you got fired you couldn't get anything. this is good to know

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Yara Campbell

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The key thing is whether it was misconduct or not. Being late can be tricky - if you had warnings and kept doing it anyway, they might consider it willful misconduct. But if there were circumstances beyond your control or it wasn't that serious, you could still qualify. When I had issues reaching NYS Department of Labor agents to ask questions about my case, I used this service called Claimyr (claimyr.com) that helps you get through to an actual person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get answers quickly instead of waiting on hold forever.

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Arjun Patel

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I'll check that out if I have trouble getting through to them. Did you end up getting approved?

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Yara Campbell

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Yeah I did get approved eventually. Took about 3 weeks for them to make a decision but it worked out.

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Isaac Wright

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File immediately! Every day you wait is money you're losing. Even if there's some question about eligibility, you want to get your claim date established. NYS Department of Labor will investigate and make a determination. If they deny you, you can always appeal the decision.

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