Do you always get unemployment when fired from NYS Department of Labor perspective?
I got terminated from my job last Friday and I'm not sure if I qualify for unemployment benefits. My supervisor said I was let go for 'performance issues' but honestly I think it was more about them cutting costs. I've been working there for 2 years with no major problems until the last few months when they started being really picky about everything. Do you automatically get unemployment when you're fired or does NYS Department of Labor deny claims if they say it was your fault? I'm really stressed about this because I have rent due next week and no idea what to expect.
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Emma Davis
Being fired doesn't automatically disqualify you from unemployment benefits. NYS Department of Labor looks at whether you were terminated for 'misconduct' specifically. Performance issues usually don't count as misconduct unless you were deliberately not doing your job or violating clear company policies. You should definitely file your claim right away since there's a waiting period anyway. The worst they can do is say no, but based on what you described it sounds like you have a good chance of approval.
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Javier Torres
•Thanks, that makes me feel a bit better. How long does it usually take for them to decide? I really need to know if I should start looking for a second job immediately or focus on finding something better.
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Malik Johnson
File your claim TODAY. Don't wait. NYS Department of Labor can take weeks to process everything and the sooner you file, the sooner your benefits start if you're approved. When you file, be honest about being terminated but explain it was for performance, not misconduct. If your employer tries to fight it, you can appeal. I was in a similar situation last year and got approved even though my boss claimed I was fired for cause.
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Isabella Ferreira
•This is good advice. I waited like 2 weeks to file thinking I wouldn't qualify and it just delayed everything for no reason.
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Ravi Sharma
ugh this is exactly what happened to me except they said 'attendance issues' when I was literally sick with covid!! the whole system is rigged against workers but you might as well try. NYS Department of Labor approved my claim eventually but it took forever and I had to appeal twice. document everything about why you think you were really fired.
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Javier Torres
•How do I document stuff that already happened? I don't have emails or anything proving they were cutting costs.
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NebulaNomad
I had trouble getting through to NYS Department of Labor when I needed to check on my claim status after being fired. Kept getting busy signals for weeks. Found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor in like 20 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth trying if you run into the same phone issues I did.
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Freya Thomsen
•interesting, never heard of that before. did they charge you anything?
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NebulaNomad
•Yeah there's a fee but honestly it was worth it to actually talk to someone instead of calling 100 times a day. Saved me so much stress.
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Omar Fawaz
Most people who get fired do qualify unless it's like theft or something really bad. Performance stuff usually doesn't count as misconduct in NY.
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