Do you get NYS Department of Labor unemployment when fired from your job?
I got fired from my warehouse job yesterday for being late too many times and I'm really confused about whether I can file for unemployment benefits. My manager said I was terminated for cause but I've heard different things from coworkers about getting unemployment when fired. Does NYS Department of Labor pay benefits if you get fired or only if you get laid off? I really need to know because I have rent due next week and no other income lined up.
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Taylor To
You can still file for unemployment even when you're fired, but NYS Department of Labor will review your case to determine if you're eligible. Being fired for attendance issues might be considered misconduct, which could disqualify you. However, you should definitely apply anyway because the worst they can say is no, and sometimes what employers call 'firing for cause' doesn't actually meet the legal definition of misconduct that would disqualify you from benefits.
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Oliver Cheng
•Thanks, that gives me some hope. Should I mention that I was late because of public transportation issues or just keep it simple when I file?
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Ella Cofer
i got fired for similar stuff last year and still got my unemployment so dont worry too much about it
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Kevin Bell
The key distinction NYS Department of Labor makes is between misconduct and other reasons for termination. Simple tardiness usually isn't considered willful misconduct unless it was extremely egregious or you had been repeatedly warned in writing. When you file your initial claim, be honest about the circumstances but focus on any legitimate reasons for the attendance issues. The adjudication process will review all the facts from both you and your employer before making a determination.
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Savannah Glover
•What if the employer lies about the reason though? My friend got fired and her boss totally made stuff up to try to prevent her from getting benefits.
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Kevin Bell
•That's why NYS Department of Labor conducts fact-finding interviews with both parties. You'll have a chance to present your side of the story and provide any documentation you have. If there are discrepancies, they'll investigate further.
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Felix Grigori
Ugh the whole system is so frustrating!! I've been trying to get through to someone at NYS Department of Labor for weeks about my adjudication that's been pending forever. The phone lines are always busy and when you do get through they just tell you to wait longer. It's like they don't want to help people who actually need it!
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Felicity Bud
•I had the same problem trying to reach them about my disqualification appeal. After getting hung up on dozens of times, I found this service called Claimyr at claimyr.com that actually got me through to a real NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was honestly a lifesaver because I was about to give up completely.
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Felix Grigori
•Really? That sounds too good to be true but I'm desperate at this point. Did they actually help resolve your issue?
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Max Reyes
File immediately regardless! Even if you think you might not qualify, you want to get your application in as soon as possible. The worst case scenario is they deny you, but if you don't apply at all you're guaranteed to get nothing. Plus sometimes employers don't even respond to the NYS Department of Labor requests for information, which can work in your favor.
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