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Luca Romano

How long after getting fired can I apply for NYS Department of Labor unemployment benefits?

I was terminated from my job yesterday for what my boss called 'performance issues' but I think it was really just personality conflicts with management. I'm trying to figure out the timing for filing my unemployment claim. Should I wait a few days or can I apply right away? I heard there might be some kind of waiting period but I'm not sure if that's before you apply or after. Really stressed about this since I have rent due next week.

Nia Jackson

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You can file your unemployment claim immediately - there's no waiting period before you're allowed to apply. The NYS Department of Labor actually recommends filing as soon as possible after your last day of work since benefits are calculated from when you file, not when you were terminated. Even if your claim gets held up in adjudication for the termination reason, getting it started early is always better.

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Luca Romano

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Thanks! Do I need any specific documents when I file or can I just use my basic info?

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NebulaNova

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File ASAP but be prepared for potential adjudication since you were fired. NYS Department of Labor will need to determine if the termination was for misconduct or not. Make sure you have all your employment details ready - dates, wages, reason for separation. If you disagree with how your employer characterizes the firing, document everything now while it's fresh.

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This is so important! I waited 2 weeks to file after getting fired and basically lost 2 weeks of potential benefits. The adjudication process took another month but at least the clock was ticking from my file date.

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Aisha Khan

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ugh this whole system is such a nightmare when you get fired... i filed right away but then had to deal with weeks of back and forth with NYS Department of Labor about whether my termination was justified or not. my employer tried to claim i was stealing time but it was really just that i had to leave early a few times for medical appointments. took forever to get resolved and meanwhile bills keep coming

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NebulaNova

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Did you eventually get approved? Performance issues and attendance problems are treated differently by NYS Department of Labor - medical appointments shouldn't count as misconduct if you had proper documentation.

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Omar Fawzi

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You can apply immediately after losing your job - there's no waiting period to file your initial claim with NYS Department of Labor. However, there is a one-week waiting period before you can receive your first payment. The key thing is to file as soon as possible because your benefit year starts when you file, not when you lost your job. Being fired doesn't automatically disqualify you, but NYS Department of Labor will review the circumstances to determine if it was misconduct.

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Thanks! So I should file today then? What exactly counts as misconduct? I was late a bunch but I always called in and explained about my car.

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Chloe Wilson

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same thing happened to me last year, got fired for being late too much. Filed right away and they approved me after like 3 weeks of adjudication. just be honest about everything when you file

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That gives me hope! How long did the whole process take from filing to getting your first payment?

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Chloe Wilson

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about 4-5 weeks total including the waiting period. the adjudication took forever though, kept checking my account every day

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Ethan Taylor

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If you're having trouble getting through to NYS Department of Labor to check on your claim status during adjudication, I found this service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I was stuck trying to get answers about my termination appeal.

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Luca Romano

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How much does something like that cost? I'm already tight on money obviously since I just lost my job.

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Ethan Taylor

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It was worth it for me just to get actual answers instead of sitting on hold forever. Way better than the frustration of never getting through on your own.

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Diego Mendoza

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File immediately on the NYS Department of Labor website at labor.ny.gov. Don't wait because you'll lose potential benefit weeks. For attendance issues, NYS Department of Labor will look at whether you had valid reasons and if you followed company policy for calling out. Having car trouble that you reported should work in your favor. Make sure to document everything - save any texts or emails about your car problems and attendance.

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I do have texts to my manager about my car breaking down! Should I upload those somewhere or wait until they ask?

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ugh the NYS Department of Labor system is so slow right now, took me forever just to get through the application. but yeah definitely don't wait to file. worst case they deny you and you can appeal

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StellarSurfer

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I had such a hard time reaching NYS Department of Labor when my claim got stuck in adjudication for weeks. Kept calling but could never get through - always busy or got disconnected. Finally found this service called Claimyr that helped me get connected to an actual agent. You can check them out at claimyr.com - they even have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much time and stress trying to get answers about my claim status.

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Interesting, never heard of that service. How much does it cost?

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StellarSurfer

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I don't want to get into pricing details here but it was worth it for me to finally talk to someone who could explain what was happening with my claim. The video explains everything.

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Sean Kelly

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File now! I waited a week thinking I needed to 'cool off' after getting fired and that was a mistake. Lost a whole week of potential benefits. The attendance thing might actually work out okay if you can show it wasn't willful misconduct.

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Noah Torres

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File your claim today - don't wait another day! I made the same mistake of overthinking the timing when I got fired for "performance issues" that were really just my manager not liking me. NYS Department of Labor doesn't care about your personal feelings about the termination - they just need to determine if it was misconduct. Since you mentioned it was personality conflicts rather than something like theft or violence, you'll probably be fine after adjudication. The key is getting that claim date locked in ASAP so you don't lose any potential benefit weeks while they sort it out.

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This is exactly what I needed to hear! I've been sitting here stressed all morning wondering if I should wait or file today. You're right that it's probably just personality conflicts - my manager has had issues with several people before me. Going to file my claim right now before I lose another day. Thanks for the reality check!

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AaliyahAli

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File immediately! I just went through this exact same situation last month - got fired for "performance issues" that were really just clashing with my supervisor's management style. I filed my claim the day after termination and I'm so glad I did. The NYS Department of Labor took about 3 weeks to adjudicate my case, but since I filed right away, I didn't lose any potential benefit weeks during that process. They ended up approving me because personality conflicts don't count as misconduct. The worst thing you can do is wait - every day you delay is a potential day of benefits lost. Go to labor.ny.gov right now and get that application started. You've got rent due next week so don't waste any more time second-guessing yourself!

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Rami Samuels

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This is super helpful to hear from someone who just went through the exact same thing! Three weeks for adjudication doesn't sound too bad, and it's reassuring that personality conflicts don't automatically disqualify you. I'm definitely going to file today - you're absolutely right about not losing any more potential benefit days. Did you have to provide any specific documentation during the adjudication process, or did NYS Department of Labor mostly just contact your former employer directly?

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