How long after you get fired can you collect unemployment in NY?
I got terminated from my warehouse job last Thursday for being late too many times. My supervisor said it was company policy after 3 written warnings. I know I messed up but I really need to file for unemployment benefits to keep paying my rent. How soon can I apply for NYS Department of Labor benefits after getting fired? Do I have to wait a certain amount of time or can I file right away? Also worried they might deny me since I was fired for cause.
13 comments


NeonNova
You can file immediately - there's no waiting period to submit your initial claim with NYS Department of Labor. You should apply as soon as possible because your benefit year starts from when you file, not when you lost your job. However, being fired for excessive tardiness might be considered misconduct which could disqualify you from receiving benefits. The NYS Department of Labor will review your case during adjudication to determine if your termination was for misconduct.
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Ethan Wilson
•Thanks for the info. Do you know what happens during the adjudication process? Will they contact my former employer?
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Yuki Tanaka
File immediately but be honest about why you were terminated. The NYS Department of Labor will investigate and contact both you and your employer to get the facts. Being late repeatedly could go either way - depends on if they consider it willful misconduct or just poor attendance. I've seen people get approved for similar situations if they had valid reasons for the tardiness like transportation issues or family emergencies.
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Ethan Wilson
•I did have some car trouble that made me late a couple times, but the other times were honestly just oversleeping. Should I mention the car issues when I file?
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Yuki Tanaka
•Definitely mention the car trouble as it shows the tardiness wasn't entirely willful. Document any repair receipts or evidence you have.
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Carmen Diaz
ugh the whole system is so frustrating when you get fired. took me 6 weeks to get through adjudication when I got terminated and they kept asking for more paperwork. make sure you file your weekly claims even while its pending or you'll lose those weeks
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Ethan Wilson
•6 weeks?! Did you eventually get approved? I can't afford to wait that long.
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Andre Laurent
I had a similar issue trying to reach NYS Department of Labor about my adjudication status after being fired. Calling their main number was impossible - always busy or would disconnect after an hour on hold. I ended up using Claimyr (claimyr.com) which actually got me through to a real agent in like 15 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Cost some money but was worth it to get answers about my case instead of waiting in limbo.
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Ethan Wilson
•Never heard of that before. Did they help resolve your adjudication issue?
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Andre Laurent
•Yeah, the agent was able to tell me exactly what documents they needed and expedited my case. Much better than trying to call directly.
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Emily Jackson
Just apply asap and don't overthink it. Even if you get denied initially you can always appeal the decision.
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Liam Mendez
My brother got fired for attendance issues last year and still got unemployment after appealing. The key is showing it wasn't intentional misconduct. Good luck with your claim!
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Darcy Moore
I work as an HR representative and deal with unemployment claims regularly. While you can file immediately, being terminated for tardiness after multiple warnings is typically considered misconduct in NY. However, each case is reviewed individually during adjudication. The Department of Labor will contact your employer to verify the circumstances. If you had legitimate reasons for some of the tardiness (like the car trouble you mentioned), make sure to document and provide evidence. Even if initially denied, you have the right to appeal and present your case at a hearing. File your claim right away regardless - the worst they can do is deny it, but you might be surprised by the outcome.
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