Does being terminated affect unemployment benefits in NYS - need clarification
I got terminated from my job last week and I'm really confused about whether this affects my ability to get unemployment benefits. My supervisor said I was let go for 'performance issues' but I feel like it was really because I complained about unsafe working conditions. I've never filed for unemployment before and I'm not sure if being terminated instead of laid off changes anything. Can I still apply with NYS Department of Labor or will they automatically deny me? I'm really worried about paying my bills.
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Omar Fawaz
Being terminated doesn't automatically disqualify you from unemployment benefits in NY. The key factor is whether NYS Department of Labor determines the termination was for 'misconduct.' Performance issues alone usually don't count as misconduct unless they were willful or repeated after warnings. You should definitely file your claim and let them investigate. The worst they can do is say no, but you might be surprised.
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Freya Thomsen
•Thank you! That makes me feel better. Should I mention the safety complaint when I file or just stick to the performance issue explanation?
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Chloe Martin
yeah i got fired from my last job too and still got benefits, took like 3 weeks to get approved though
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Diego Rojas
You need to be very careful about how you present this to NYS Department of Labor. If they classify it as misconduct, you'll be disqualified for at least 5 weeks and have to pay back any benefits received. Make sure you have documentation about the safety issues you raised - that could actually help your case if they retaliated against you for it. File online through ny.gov and be honest but strategic about how you explain the termination.
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Freya Thomsen
•I do have emails about the safety concerns I sent to HR. Should I upload those when I file my claim?
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Diego Rojas
•Yes, definitely keep those ready. You might not be able to upload them initially but if they request documentation during adjudication, those emails could be crucial evidence.
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Anastasia Sokolov
The whole system is rigged anyway. They'll find any excuse to deny you. I got terminated for being 5 minutes late ONCE and they denied my claim for 'misconduct.' Had to fight it for months just to get what I deserved. NYS Department of Labor doesn't care about working people.
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StarSeeker
•That sounds really frustrating but that doesn't mean everyone gets denied. Did you end up winning your appeal?
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Sean O'Donnell
I had a similar situation last year where I couldn't get through to NYS Department of Labor to check on my claim status after being terminated. The phone lines were always busy and I was getting really anxious about the whole process. A friend told me about this service called Claimyr (claimyr.com) that helped me actually reach a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really took the stress out of trying to get answers about my adjudication process.
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Freya Thomsen
•How long did it take them to help you get through? I'm dreading having to call if my claim gets stuck.
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Sean O'Donnell
•It was pretty quick actually, way better than spending hours on hold or getting disconnected. Worth checking out if you run into phone issues.
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Zara Ahmed
wait so if you get fired you can still get unemployment? i thought only people who got laid off could get it
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Omar Fawaz
•It depends on the reason for termination. Laid off or fired for non-misconduct reasons usually qualify. Fired for misconduct usually doesn't. NYS Department of Labor makes the final determination during their investigation.
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