Do you get unemployment if you get fired in New York - NYS Department of Labor rules?
Got terminated from my warehouse job last Friday and I'm trying to figure out if I can even apply for unemployment benefits. My supervisor said I was let go for attendance issues but I think it was really because I complained about safety violations. Does NYS Department of Labor approve claims when you get fired or do they automatically deny you? I've never filed for unemployment before and I'm really confused about the whole process.
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Alexander Evans
It depends on WHY you were fired. NYS Department of Labor will approve your claim if you were terminated for reasons outside your control or for minor infractions. However, if they determine you were fired for 'misconduct' you'll be disqualified. Attendance issues can go either way depending on the circumstances. You should definitely file - the worst they can do is say no, and you might be surprised. The key is being honest on your application about the reason for separation.
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Ruby Garcia
•Thanks! Should I mention the safety complaint when I file or just stick to what they put on my termination paperwork?
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Evelyn Martinez
yeah file anyway dude, i got fired for being late too many times and still got approved after like 6 weeks of back and forth with them
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Benjamin Carter
The NYS Department of Labor will investigate by contacting your former employer to verify the reason for termination. If there's a dispute about whether it was misconduct, your claim will go into adjudication which can take several weeks. During this time, you should continue filing your weekly claims even though you won't receive payments yet. If you're eventually approved, you'll get back payments for those weeks. Make sure you have documentation of any safety complaints you filed - that could actually work in your favor.
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Maya Lewis
•How long does adjudication usually take? I've been waiting 3 weeks and starting to panic about bills.
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Benjamin Carter
•It varies but 4-6 weeks is pretty typical right now. If you need to speak with someone at NYS Department of Labor about your specific case, I had luck using a service called Claimyr that helps you get through to actual agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Much easier than spending hours on hold.
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Isaac Wright
The unemployment system in this state is such a joke! They make you jump through hoops and then half the time they side with the employer anyway even when they fired you for bogus reasons. I got denied initially when I was fired for 'poor performance' which was really just my boss not liking me. Had to appeal and it took 4 months to get approved. File anyway but don't get your hopes up that it'll be quick or easy.
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Lucy Taylor
•Ugh same experience here! Makes you wonder why we pay into the system if they make it so hard to actually get benefits.
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Connor Murphy
One thing I learned the hard way - make sure you're looking for work and keeping a job search log from day one, even while your claim is pending. NYS Department of Labor requires you to make at least 3 job contacts per week and they can ask for proof at any time. I almost got in trouble because I thought I didn't need to job search until my claim was approved.
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