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.
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Yuki Tanaka
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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CaptainAwesome
•That's reassuring to hear. How do they investigate exactly? Will they contact my former employer?
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Esmeralda Gómez
yeah i got fired from my last job too and still got benefits, took like 3 weeks though
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Klaus Schmidt
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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Aisha Patel
•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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Klaus Schmidt
•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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LilMama23
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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Dmitri Volkov
•How does that work exactly? Do they charge you?
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LilMama23
•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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Gabrielle Dubois
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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Peyton Clarke
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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