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CaptainAwesome

Do you get unemployment if fired from your job in NY?

I got terminated from my retail job last week and I'm not sure if I can even apply for unemployment benefits. My manager said I was fired for attendance issues but I had legitimate reasons for missing work (my car broke down twice and I had a family emergency). Does being fired automatically disqualify you from getting unemployment in New York? I've never filed before and don't know what to expect when I apply with NYS Department of Labor.

Being fired doesn't automatically disqualify you from unemployment benefits. It depends on WHY you were fired. If it was for misconduct, then yes you'd be disqualified. But if it was for things like poor performance, attendance issues that weren't willful, or other non-misconduct reasons, you can still qualify. When you file your claim with NYS Department of Labor, they'll investigate and make a determination.

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That's reassuring to hear. How do they investigate exactly? Will they contact my former employer?

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yeah i got fired from my last job too and still got benefits, took like 3 weeks though

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The key is how NYS Department of Labor defines 'misconduct.' It has to be willful or deliberate violation of company rules. Simply being unable to perform the job or having attendance issues due to circumstances beyond your control typically won't be considered misconduct. Make sure you provide all the details about your car problems and family emergency when you file your initial claim. Keep any documentation you have.

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What if the employer lies about the reason for firing? My boss told unemployment I was stealing but that's completely false!

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If there's a dispute, NYS Department of Labor will schedule a hearing where both you and your employer present evidence. That's when you can challenge false claims.

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I had the WORST time trying to get through to someone at NYS Department of Labor when my claim was under review. Spent weeks calling and either got busy signals or got disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed to explain my termination situation.

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How does that work exactly? Do they charge you?

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It's way easier than trying to call yourself. The video explains it better than I can but basically they handle the calling part for you.

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Just apply and see what happens. Worst case they say no and you appeal if you disagree. The whole system is messed up anyway but you might get lucky.

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I went through something similar last year when I got let go for missing too many days due to childcare issues. The NYS Department of Labor does look at the specific circumstances - having documentation really helps your case. For your car breakdowns, if you have repair receipts or tow truck records, keep those. For the family emergency, any hospital records or other documentation can support your claim. When you file online, there's a section where you can upload documents or explain the circumstances. Don't let your former employer's characterization discourage you from applying - you have the right to present your side of the story.

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This is really helpful advice about keeping documentation! I actually do have the receipt from one of the tow trucks and some texts from my family about the emergency. I didn't realize I could upload documents when filing - that makes me feel more confident about applying. Did you end up getting approved for benefits with your childcare situation?

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I'm in a similar situation - got fired last month for what my manager called "performance issues" but I feel like they were looking for reasons to let me go. Reading through these responses is really encouraging, especially knowing that being fired doesn't automatically disqualify you. The documentation advice is spot on - I wish I had kept better records of the issues I was having at work. For anyone else going through this, don't be discouraged by what your employer tells you about your eligibility. The NYS Department of Labor makes the final determination, not your former boss. File your claim and let them review the facts.

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You're absolutely right about not letting your employer discourage you from applying! I just went through this process myself a few months ago after being terminated for what they called "poor attitude" - which was really just me asking questions about unsafe working conditions. The NYS Department of Labor sided with me after reviewing all the facts. One thing I learned is that employers sometimes exaggerate or mischaracterize the reasons for termination to try to avoid paying higher unemployment taxes. Don't take their word as gospel - file your claim and present your side of the story with any evidence you have. The worst they can say is no, and then you can always appeal if you disagree with their decision.

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I went through almost the exact same situation about 6 months ago - got fired for attendance when I had legitimate medical reasons and car trouble. The good news is that NYS Department of Labor really does look at the whole picture, not just what your employer claims. When I filed my initial claim, I made sure to explain in detail about my medical appointments and car breakdowns in the "reason for separation" section. They actually called me for a phone interview about 2 weeks later to get more details, and I was approved. My advice is to be completely honest about everything when you file - don't try to downplay the attendance issues, but make sure you explain the legitimate reasons behind them. The fact that you had a family emergency and car problems shows these weren't just you being irresponsible. Keep any documentation you have (repair bills, family emergency details) and upload them if possible. You've got nothing to lose by applying, and from what you've described, you have a good chance of getting approved.

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This is exactly what I needed to hear! It's so reassuring to know that someone in a similar situation actually got approved. I was really worried that the "attendance issues" label would automatically disqualify me, but hearing that NYS Department of Labor actually looks at the reasons behind the absences gives me hope. I do have that tow truck receipt and some documentation about the family emergency, so I'll definitely make sure to include all of that when I file. Did they ask you for specific documentation during the phone interview, or was explaining the situation enough? I want to be as prepared as possible when they call me.

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