How long after your fired can you apply for unemployment - NYS Department of Labor timing questions
Got terminated from my warehouse job yesterday and I'm wondering about the timing for filing with NYS Department of Labor. I know there's probably a waiting period or something but I can't find clear info on their website. Should I wait a few days or can I file right away? Also worried about whether being fired affects my eligibility compared to if I was laid off. Anyone know the actual rules for how soon you can apply after getting fired?
11 comments


Felix Grigori
You can actually file your unemployment claim immediately - there's no waiting period before you can apply to NYS Department of Labor. The sooner you file, the better because your benefits are calculated from when you submit your application, not from when you lost your job. Being fired doesn't automatically disqualify you unless it was for misconduct. The key is to file your initial claim as soon as possible and then continue filing your weekly claims every week.
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Savannah Glover
•That's a relief, I was thinking I had to wait like a week or something. So even though I was fired for attendance issues, I should still apply?
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Felicity Bud
yeah i filed the same day i got let go and it was fine. just make sure u have all ur info ready like social security number and last employer details
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Max Reyes
The attendance issues might be a problem depending on how bad they were. NYS Department of Labor will investigate if your employer contests the claim. If they rule it was misconduct, you could be disqualified. But definitely still file - let them make that determination. Even if you're initially denied, you can appeal the decision. I've seen people win appeals for attendance-related terminations if there were extenuating circumstances.
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Savannah Glover
•It was mostly because I had to take care of my sick mom and didn't have enough FMLA time left. Think that would help my case?
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Max Reyes
•That could definitely be considered an extenuating circumstance. Make sure to document everything about your mother's condition and your caregiving responsibilities when you file.
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Mikayla Davison
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after being fired. Kept getting busy signals and when I did get through, I'd get hung up on after waiting forever. Eventually found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Was actually pretty straightforward and saved me hours of frustration trying to get answers about my adjudication.
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Adrian Connor
•Never heard of that but honestly anything that helps with their phone system sounds worth trying. How much does something like that cost?
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Mikayla Davison
•I don't remember the exact cost but it was worth it for me to get my questions answered quickly instead of wasting days trying to get through on my own.
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Aisha Jackson
Ugh the NYS Department of Labor system is such a nightmare. They make it impossible to reach anyone and then act like it's your fault when you can't figure out their confusing website. I've been dealing with them for months over an overpayment issue and still haven't gotten a straight answer from anyone.
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Ryder Everingham
•I feel you on the frustration but for the original question - definitely file right away. Don't let the system's problems delay you from getting the benefits you're entitled to.
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