Do I qualify for NYS Department of Labor unemployment if I was fired from my job?
I got fired from my retail job last week and I'm not sure if I can even apply for unemployment benefits. My manager said it was because I was late too many times but I had some transportation issues that weren't really my fault. Does getting fired automatically disqualify you from getting unemployment through NYS Department of Labor? I really need the income while I look for another job but don't want to waste time applying if I'm not eligible.
10 comments
Join the conversation
Samuel Robinson
Being fired doesn't automatically disqualify you from unemployment benefits in New York. The key is whether you were fired for misconduct or not. If it was for performance issues, attendance problems that weren't willful, or other non-misconduct reasons, you may still qualify. NYS Department of Labor will review your case during adjudication to determine if your termination constitutes misconduct under their guidelines.
0 coins
Victoria Brown
•That's helpful to know! How long does the adjudication process usually take? I need to know if I should start applying for other benefits in the meantime.
0 coins
Camila Castillo
You should definitely apply regardless. Let NYS Department of Labor make the determination rather than self-disqualifying. When you file your claim, be honest about the circumstances of your termination. If your employer contests it, there will be a hearing where you can present your side of the story about the transportation issues.
0 coins
Brianna Muhammad
•This is good advice. I was fired for attendance too and still got approved after explaining my situation during the phone interview.
0 coins
JaylinCharles
I've been trying to get through to NYS Department of Labor for weeks about my own firing situation and can never reach anyone on the phone! The hold times are insane and they just disconnect you. Has anyone found a way to actually talk to a real person there?
0 coins
Eloise Kendrick
•I had the same problem until I found this service called Claimyr at claimyr.com. They actually call NYS Department of Labor for you and get you connected to an agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration trying to get through myself.
0 coins
JaylinCharles
•Really? That sounds too good to be true but I'm desperate at this point. Did they actually get you through to someone?
0 coins
Lucas Schmidt
whatever you do dont mention the tardiness thing when you apply just say you were laid off or something
0 coins
Samuel Robinson
•That's terrible advice. Being dishonest on your unemployment application is fraud and can result in serious penalties including having to pay back benefits and potential criminal charges. Always be truthful with NYS Department of Labor.
0 coins
Freya Collins
Same boat here - got canned last month for 'performance issues' but really think my supervisor just didn't like me. Still waiting to hear back from my claim. The whole system is so stressful when you're already dealing with job loss.
0 coins