Do you get unemployment when you get fired from your job in New York?
I just got terminated from my retail job yesterday for what they called 'poor performance' but I think it was really because I complained about working conditions. My manager said I won't be eligible for unemployment benefits because I was fired. Is this true? Can you actually get unemployment benefits when you get fired in NY? I really need the income while I look for another job and I'm not sure what my options are.
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StarStrider
Yes, you can absolutely get unemployment benefits even if you were fired, as long as it wasn't for misconduct. NYS Department of Labor distinguishes between being fired for misconduct (which disqualifies you) and being fired for other reasons like poor performance, which usually doesn't disqualify you. You should definitely file a claim and let NYS Department of Labor make the determination.
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Fatima Al-Qasimi
•That's a relief! I was so worried. How do I prove it wasn't misconduct? They're probably going to say I was a bad employee.
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Dylan Campbell
I got fired last year for attendance issues and still got my benefits approved. The key is that NYS Department of Labor looks at whether your actions were willful misconduct connected to your work. Poor performance usually doesn't count as misconduct unless you were deliberately doing bad work. File your claim online at my.ny.gov and be honest about why you were terminated.
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Sofia Torres
•same thing happened to me, got fired but still got benefits. just make sure you file right away because there's a waiting period
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Dmitry Sokolov
Wait I'm confused - I thought if you get fired you can't get unemployment?? My friend told me only people who get laid off can collect benefits. This is all so confusing!
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StarStrider
•That's a common misconception. You can get benefits if you're fired for reasons other than misconduct, if you're laid off, or if you quit for good cause. The NYS Department of Labor website has detailed information about eligibility requirements.
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Ava Martinez
If you're having trouble getting through to NYS Department of Labor to check on your claim status or get questions answered, I had success using claimyr.com. They help you get connected to actual agents instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to clarify some issues with my claim.
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Fatima Al-Qasimi
•Thanks for the tip! I'm definitely going to need to talk to someone once I file my claim.
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Miguel Ramos
The whole system is ridiculous honestly. They make you jump through so many hoops just to get benefits you paid into. I got fired for being 10 minutes late THREE times and they still tried to deny my claim initially. Had to appeal and everything. NYS Department of Labor takes forever to make decisions.
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QuantumQuasar
•ugh yes the appeals process is brutal, took me 2 months to get a hearing scheduled
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Paige Cantoni
I'm going through something similar right now - got fired last month for "performance issues" but I suspect it was retaliation for asking about overtime pay. Just wanted to add that when you file your claim, make sure to document everything about your termination. Keep any emails, write down exactly what your manager said, dates, etc. If your employer contests your claim (which they might), having good documentation really helps your case. Also don't let them intimidate you - many employers will tell you that you're not eligible just to discourage you from filing, but that's not their call to make. The NYS Department of Labor will investigate and make the final determination. Good luck!
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