How long after being fired can you file for unemployment - NYS Department of Labor deadline?
Got terminated from my retail job yesterday and I'm wondering what the time limit is for filing an unemployment claim with NYS Department of Labor. My manager said I was let go for performance issues but I think it was really because I complained about safety violations. Should I file right away or do I have time to figure out if I want to contest the termination first? I'm worried about missing some kind of deadline and losing my chance at benefits.
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Sophia Gabriel
You should file immediately - like today if possible. NYS Department of Labor doesn't have a strict deadline but your benefit year starts from when you file, not when you were terminated. The longer you wait, the more potential benefits you're losing. You can always contest the termination reason during the adjudication process if they deny your claim.
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Vince Eh
•Thanks! I didn't realize the benefit year starts when I file. Going to get on the my.ny.gov website right now.
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Tobias Lancaster
I waited like 3 weeks after getting fired and it was fine, no issues with my claim. But yeah probably better to file sooner rather than later.
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Ezra Beard
•Just because you didn't have issues doesn't mean it's good advice. Every week you delay filing is a week of benefits you can't get back. NYS Department of Labor calculates from your filing date.
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Statiia Aarssizan
File ASAP but be prepared for adjudication if they claim you were fired for misconduct. Performance issues might not disqualify you but if they say you violated company policy that could be a problem. Keep all your documentation about the safety complaints you made - that could actually help your case if they retaliated against you.
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Vince Eh
•I do have emails about the safety issues I reported. Should I upload those when I file the initial claim?
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Statiia Aarssizan
•Keep them ready but don't upload everything at first. If your claim goes to adjudication, that's when you'll want to provide all your evidence. The initial filing is pretty basic.
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Reginald Blackwell
ugh the whole system is so confusing!! I got fired last month and my claim has been stuck in adjudication for weeks. They won't tell me anything and I can't get through on the phone. I'm running out of money and don't know what to do
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Ezra Beard
•If you're having trouble reaching NYS Department of Labor by phone, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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Reginald Blackwell
•Really? How much does it cost? I'm already broke from being unemployed.
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Ezra Beard
•It was worth it for me to get answers about my adjudication status. Way less frustrating than the regular NYS Department of Labor phone system.
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Aria Khan
same thing happened to me - got fired then filed like the next day. no problems at all, claim was approved pretty quick
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Liv Park
Don't overthink it - just file today! I was in a similar situation where I was terminated for "performance" but really suspected retaliation. The NYS Department of Labor adjudicators are pretty good at seeing through bogus termination reasons, especially if you have documentation of your safety complaints. The worst thing you can do is wait and lose out on benefits while you're trying to decide. You can always provide additional evidence later if they contest the claim. Good luck!
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