Can you get unemployment if you've been fired from your job in NY?
My supervisor terminated me last Friday after a disagreement about my work schedule. They said it was for 'performance issues' but I think they just didn't like that I requested time off for a medical appointment. I've been working there for 8 months and never had any written warnings. Can I still file for unemployment benefits with NYS Department of Labor even though I was fired? I'm really worried they'll deny my claim because of how it ended.
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Oliver Alexander
Yes, you can absolutely apply for unemployment even if you were fired. NYS Department of Labor looks at whether you were terminated for 'misconduct' - which has a very specific legal definition. Being fired for performance issues or disagreements usually doesn't qualify as misconduct unless it involved willful violations of company policy. File your claim right away and let them investigate.
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Kaylee Cook
•Thank you! I was so stressed thinking I couldn't even apply. Should I mention the medical appointment situation when I file?
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Lara Woods
I got fired from my job 6 months ago for being late too many times and still got approved for unemployment. The key is that NYS Department of Labor has to prove you did something deliberately wrong that hurt your employer. Regular performance issues or attendance problems usually don't count as misconduct. Just be honest when you file your weekly claims.
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Adrian Hughes
•How long did it take for your claim to get approved? I'm in a similar situation and worried about the timeline.
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Molly Chambers
wait i thought if you get fired you automatically can't get unemployment?? this is confusing
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Oliver Alexander
•That's a common misconception! There's a big difference between being fired for misconduct (which disqualifies you) and being fired for other reasons like performance, downsizing, or personality conflicts. Most firings don't involve misconduct.
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Ian Armstrong
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after being terminated. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr (claimyr.com) that helps you actually reach a real agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made the whole process so much easier when I needed to explain my termination circumstances.
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Kaylee Cook
•That sounds really helpful. Did you have to pay for that service or is it free to use?
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Eli Butler
The unemployment system is such a nightmare when you're already stressed about losing your job. I got fired for supposedly violating dress code (wore sneakers instead of dress shoes ONE time) and spent weeks worrying they'd deny my benefits. Turned out fine but the anxiety was horrible.
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Marcus Patterson
good luck! most ppl who get fired still qualify unless they did something really bad
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Taylor To
I went through something similar when I was fired for "insubordination" after questioning a safety violation at my workplace. What really helped my case was documenting everything - I wrote down dates, times, and details of conversations with my supervisor. When I filed my unemployment claim, I was completely honest about the circumstances and provided all the documentation I had. NYS DOL approved my benefits because they determined it wasn't misconduct. My advice is to file immediately and don't let your employer's version of events discourage you from applying. The worst they can do is say no, but you might be surprised. Also keep records of your job search efforts from day one since you'll need to report that weekly.
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Luca Russo
•This is really solid advice about documentation! I wish I had thought to write everything down when it was happening. Do you think it's too late for me to start documenting things now, or should I try to write down what I remember from the termination meeting? I'm worried my memory might not be perfectly accurate since it was so stressful.
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