Got fired from my job can I get unemployment - NYS Department of Labor eligibility question
So I got terminated from my warehouse job last week and I'm trying to figure out if I can file for unemployment benefits. My supervisor said it was for attendance issues but I was dealing with some health problems that made it hard to get to work consistently. I never got any formal warnings or anything like that, they just called me into the office and said today was my last day. Can I still apply for NYS Department of Labor benefits even though I was fired? I've been working there for almost 2 years and paid into the system so I'm hoping I can get something while I look for another job. Anyone know how this works?
10 comments
Join the conversation
Aurora St.Pierre
Yes, you can absolutely file for unemployment even if you were fired. The key thing is whether you were fired for 'misconduct' or not. Attendance issues can be tricky - if it was due to health problems that's different than just skipping work. When you file your claim with NYS Department of Labor, be honest about why you were terminated but also explain the circumstances. You'll likely have to go through an adjudication process where they review your case, but many people who get fired do qualify for benefits.
0 coins
Christopher Morgan
•Thanks that's reassuring. Should I mention the health issues when I file? I didn't have FMLA or anything formal but I did tell my supervisor about some of my appointments.
0 coins
Grace Johnson
File immediately, don't wait. Even if there's a question about your eligibility, you want to get your claim started because benefits are backdated to when you first file, not when it gets approved. Go to the NYS Department of Labor website and start your application. You'll answer questions about why you were separated from your job - just be truthful. The worst thing that happens is they deny you and you can appeal that decision.
0 coins
Jayden Reed
•This is good advice. I got fired too and was scared to apply but I ended up getting approved after they did their investigation.
0 coins
Nora Brooks
ugh this is exactly what happened to me except it was customer service complaints. been waiting for 3 weeks now for them to make a decision on my claim!! the whole adjudication process is so stressful, they make you feel like a criminal for losing your job. hope you have better luck than me getting through to someone at NYS Department of Labor
0 coins
Eli Wang
•If you're having trouble reaching NYS Department of Labor by phone, I actually found this service called Claimyr that helped me get through to an agent. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting busy signals when I needed to check on my adjudication status.
0 coins
Cassandra Moon
File for sure but don't get your hopes up too much. The NYS Department of Labor is super strict about misconduct and they side with employers most of the time. I know someone who got fired for being 10 minutes late three times and they denied his claim. But yeah definitely try, you never know.
0 coins
Zane Hernandez
same boat here, got let go last month
0 coins
Benjamin Carter
I went through something similar a few months ago. Got fired for "performance issues" but really it was because I had to miss work for medical appointments. When I filed with NYS Department of Labor, I made sure to document everything - dates I was out, reasons why, any communication with my supervisor about it. They actually approved my claim after about 2 weeks of review. The key is being completely honest in your application and providing any documentation you have about your health issues if you have it. Even informal conversations with your supervisor about appointments can help your case. Don't let them intimidate you - you paid into the system and have every right to apply.
0 coins
Romeo Quest
•That's really helpful to know Benjamin! I'm glad it worked out for you. I do have some text messages where I told my supervisor about doctor appointments, so hopefully that will help my case. Did you have to do a phone interview or anything during the review process? I'm nervous about having to explain everything over the phone.
0 coins