How long after you are fired can you collect unemployment in NY?
I was terminated from my job last Friday and I'm trying to figure out when I can apply for unemployment benefits. My supervisor said it was due to performance issues but I think it was really because I complained about unsafe working conditions. Can I file for UI right away or do I have to wait? Also worried they might contest my claim since they fired me. Has anyone dealt with this situation before? I really need to know how quickly I can get benefits started since I have rent due next week.
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Maxwell St. Laurent
You can file your unemployment claim immediately after being terminated. NYS Department of Labor doesn't require a waiting period to apply, but there is a one-week waiting period before benefits begin (this week is unpaid). The key issue will be whether your termination qualifies as misconduct. Performance issues usually don't disqualify you unless it was willful misconduct. Make sure to file within the first week to avoid losing any potential benefits.
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Talia Klein
•Thank you! So I should file this week even though I was just fired Friday? What happens if my employer fights it?
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PaulineW
File ASAP! I got fired for being late too many times and still got approved after they contested it. The NYS Department of Labor looks at each case individually. If you were fired for performance and not misconduct, you should be fine. Just be honest about why you were terminated when you file your weekly claims.
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Annabel Kimball
•How long did it take for your case to get resolved when they contested it? I'm in a similar situation.
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PaulineW
•About 3 weeks total. They put my claim in adjudication while they reviewed everything. Got backpay for the whole period once approved.
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Chris Elmeda
I've been trying to reach NYS Department of Labor for weeks about my claim status and can never get through on the phone. If you need to talk to someone about your specific situation, I found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor within a few hours. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me so much frustration of calling over and over.
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Jean Claude
•Is this legit? Sounds too good to be true. How much does it cost?
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Chris Elmeda
•It's real, I was skeptical too but desperate. They don't publish pricing but it was worth it to actually talk to someone at NYS Department of Labor about my adjudication.
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Charity Cohan
The system is so messed up. I got fired for bogus reasons and it took 2 months to get my benefits because my employer lied about what happened. Document everything NOW while it's fresh in your memory. Save any emails, texts, or performance reviews. You'll need proof if this goes to an appeal hearing.
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Talia Klein
•That's a good point about documentation. I do have some emails about the safety issues I raised. Should I mention those when I file?
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Josef Tearle
yeah you can file right away but don't expect money for weeks lol. took forever for mine to go through adjudication
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Maxwell St. Laurent
To clarify the timeline: File your claim immediately (can be done online). You'll have a one-week waiting period that's unpaid. If your employer contests, it goes to adjudication which can take 2-6 weeks. If approved after adjudication, you get backpay for all eligible weeks. The sooner you file, the sooner the clock starts ticking.
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NebulaNinja
Just went through this exact situation 3 months ago. File immediately - don't wait! The one-week waiting period Maxwell mentioned is accurate, but it only starts counting once you file. If your employer contests (which they probably will since you were fired), be prepared to explain your side during the adjudication process. The fact that you complained about safety issues before being fired could actually work in your favor - that might be considered retaliation rather than legitimate performance-based termination. Keep all documentation about those safety complaints. In the meantime, start job searching actively because you'll need to prove you're looking for work to keep getting benefits.
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Misterclamation Skyblue
•This is really helpful advice, thank you! I hadn't thought about the retaliation angle but you're right - I did raise safety concerns just two weeks before they fired me. I have emails and photos of the unsafe conditions I reported. Should I submit these as evidence when I file my initial claim, or wait until the adjudication process if they contest it?
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