Fired from my job - can I still get NYS Department of Labor unemployment benefits?
My manager terminated me yesterday after I missed three days last month when my car broke down and I couldn't get to work. They said it was job abandonment but I called in each time and explained the situation. Now I'm wondering if I can even apply for unemployment benefits since I was fired. Does the NYS Department of Labor consider this misconduct? I really need the income while I look for another job but don't want to waste time applying if I'll just get denied.
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Dylan Wright
You should definitely apply! Being fired doesn't automatically disqualify you from unemployment benefits. The NYS Department of Labor will look at whether your termination was due to misconduct. Missing work due to car trouble when you properly notified your employer might not count as misconduct, especially if you were trying to resolve the transportation issue. File your claim right away and explain your situation clearly in the application.
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Fatima Al-Mazrouei
•Thank you! I was so worried I wouldn't qualify. Should I mention that I was looking for alternative transportation during those days I missed?
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NebulaKnight
similar thing happened to my brother last year, he got approved even though he was fired. took a few weeks for adjudication but they ruled in his favor
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Fatima Al-Mazrouei
•That's encouraging! How long did the whole process take from filing to getting his first payment?
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Sofia Ramirez
The key is how the NYS Department of Labor defines misconduct. It has to be willful or deliberate behavior that goes against your employer's interests. Transportation issues that you reported don't typically fall into that category. When you file your claim, be honest about the circumstances and include any documentation you have about calling in sick. Your employer will have a chance to contest the claim, but you'll get to present your side during the adjudication process.
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Dmitry Popov
•exactly this! I deal with employment law and transportation breakdowns are rarely considered misconduct unless the employee made no effort to communicate or find solutions
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Ava Rodriguez
ugh the whole system is so confusing though! like how are you supposed to know what counts as misconduct vs what doesn't?? I've been stressed about this exact situation for months
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Dylan Wright
•The NYS Department of Labor website has guidelines about misconduct definitions. It's worth reading through their FAQ section before filing your claim.
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Miguel Ortiz
I had such a hard time getting through to the NYS Department of Labor when I needed to check on my claim status after being fired. Spent hours on hold every day for a week. Finally found this service called Claimyr at claimyr.com that actually got me connected to an agent in like 15 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Super helpful when you need to talk to someone about your specific situation instead of just guessing from the website.
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Fatima Al-Mazrouei
•Wow I had no idea something like that existed! If my claim gets complicated I might need to try that.
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NebulaKnight
•is it expensive though? kinda sus that you need a service just to call a government agency
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Zainab Khalil
File immediately! Don't wait. Even if there's an issue with your termination, you want to get the process started. The worst they can do is deny you, but at least you'll know for sure. Plus if you wait too long you might miss deadlines.
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