How long after you get fired can you file for unemployment with NYS Department of Labor?
Got terminated from my warehouse job last Friday and I'm wondering about the timing for filing an unemployment claim. Do I need to wait a certain period before I can apply with NYS Department of Labor, or can I file right away? Also worried about whether being fired affects my eligibility compared to being laid off. The termination was due to what they called 'performance issues' but I think it was really because I complained about unsafe working conditions. Should I mention that in my application or keep it simple?
13 comments
Join the conversation
Diego Mendoza
You can file your unemployment claim immediately with NYS Department of Labor - there's no waiting period required after termination. In fact, it's better to file as soon as possible since your benefit year starts when you file, not when you lost your job. Being fired doesn't automatically disqualify you from unemployment benefits, but NYS Department of Labor will investigate whether it was for 'misconduct.' Performance issues usually don't count as misconduct unless it was willful negligence.
0 coins
Chloe Wilson
•That's reassuring about filing right away. Should I be worried about my employer contesting the claim? They seemed pretty hostile during the termination meeting.
0 coins
Anastasia Romanov
File online at my.ny.gov as soon as you can. The whole misconduct determination process can take weeks, so don't delay. If your employer contests it, you'll get a chance to present your side during the adjudication process. Keep any documentation you have about the unsafe working conditions - that could actually work in your favor if this goes to an appeal hearing.
0 coins
StellarSurfer
•definitely keep those safety complaint records! had a similar situation and it helped prove my termination wasn't for valid misconduct
0 coins
Sean Kelly
Wait I thought you had to be unemployed for like a week before you could file? That's what my friend told me when she got laid off last year. Also how do they even verify if you were fired for misconduct or not?
0 coins
Diego Mendoza
•There's no waiting period to file the claim itself. There IS a one-week waiting period before you can start receiving benefits, but that's different. NYS Department of Labor contacts your employer to get their version of why you were terminated, then they make a determination.
0 coins
Zara Malik
I had a nightmare trying to reach NYS Department of Labor when my claim went into adjudication after being fired. Spent hours on hold getting nowhere. Finally found this service called Claimyr at claimyr.com that actually got me through to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me weeks of frustration trying to get updates on my misconduct determination.
0 coins
Chloe Wilson
•Interesting, never heard of that service. Did it actually help resolve your case faster?
0 coins
Zara Malik
•Yeah, being able to actually talk to someone at NYS Department of Labor made a huge difference. Got clarification on what documents they needed and what the timeline would be.
0 coins
Luca Greco
ugh the whole system is so confusing when you get fired vs laid off. like why does it even matter WHY you lost your job if you still need the money to survive?? just give people their benefits and stop making it so complicated
0 coins
StellarSurfer
•I get the frustration but there has to be some system to prevent people from just getting fired on purpose to collect benefits
0 coins
Nia Thompson
File immediately but be prepared for a fight if your employer contests it. Document everything about your termination and those safety complaints. The adjudication process can be slow but if you were fired for speaking up about legitimate safety issues, that's probably not misconduct under NYS Department of Labor rules.
0 coins
Madison King
Just went through this same situation a few months ago. File your claim online immediately - don't wait! The NYS Department of Labor will send your employer a notice asking for details about your termination, and they have 10 days to respond. If they contest it, you'll get a determination letter explaining their decision. The fact that you complained about safety issues before being fired could actually help your case - retaliation for reporting safety concerns isn't considered misconduct. Keep any emails, texts, or documents related to your safety complaints. Good luck!
0 coins