Do you collect unemployment if you get fired - NYS Department of Labor eligibility questions
My supervisor fired me last Friday after I was 20 minutes late three times this month. HR said it was for attendance issues but I had legitimate reasons each time (car trouble, sick kid, etc). I've been working there for 2 years with no other problems. Can I still file for unemployment benefits with NYS Department of Labor or does getting fired automatically disqualify me? I really need the income while I look for another job.
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Millie Long
Getting fired doesn't automatically disqualify you from unemployment benefits. NYS Department of Labor will investigate whether you were terminated for misconduct. Being late a few times usually isn't considered misconduct unless it was willful and repeated after warnings. You should definitely file your claim and explain your side of the story during the adjudication process.
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Santiago Diaz
•Thank you! I was really worried about this. Should I mention the specific reasons I was late or just focus on my overall work record?
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KaiEsmeralda
File immediately! The worst thing you can do is wait. Even if your employer contests it, you have a good chance of winning. I got fired for similar attendance issues and NYS Department of Labor approved my claim after reviewing all the facts. Just be honest about everything when you file your weekly claims.
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Debra Bai
•How long did the adjudication take for your case? I'm dealing with something similar right now.
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KaiEsmeralda
•About 3 weeks total. They called both me and my former employer, then made their decision. Make sure you have documentation of any warnings you received.
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Gabriel Freeman
wait if you get fired you can still get benefits?? I thought only if you get laid off. my friend told me if you get fired for any reason you're screwed
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Millie Long
•That's a common misconception. NYS Department of Labor distinguishes between being fired for misconduct versus being fired for other reasons. Poor performance, attendance issues that aren't willful, or personality conflicts usually don't constitute misconduct.
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Laura Lopez
I had terrible luck trying to get through to NYS Department of Labor to check on my claim status when this happened to me. Spent hours on hold every day for weeks. Finally found claimyr.com which got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Totally worth it when you need to speak to someone about your specific situation.
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Santiago Diaz
•That sounds really helpful! I'm definitely going to need to talk to someone once I file my claim.
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Victoria Brown
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS!! They'll find any excuse to deny your claim and side with the employer. I got fired for ONE mistake after 5 years of perfect attendance and they still denied me. Had to go through the whole appeal process just to get what I deserved.
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Samuel Robinson
•sorry that happened to you but that doesn't mean everyone's situation is the same
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Debra Bai
Make sure you keep records of everything - your termination letter, any documentation about the attendance issues, witness statements if you have them. The more evidence you can provide during adjudication, the better your chances. Also start your job search immediately because you'll need to show you're actively looking for work.
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