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Zoe Papanikolaou

How long do I have to apply for NYS Department of Labor unemployment after being fired?

Got terminated from my job at a retail store yesterday for attendance issues (honestly it was my fault). I'm trying to figure out the timing for filing my unemployment claim. I know there's some kind of deadline but I can't find clear info on the NYS Department of Labor website. Is it like 30 days or do I need to file immediately? Also worried they might deny me since I was fired for cause. Anyone know how strict they are about the timing?

Jamal Wilson

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You don't have a specific deadline to file, but you should apply as soon as possible. NYS Department of Labor will only pay benefits starting from the week you file your claim, not retroactively to when you lost your job. So every week you wait is money you're losing. As for being fired for attendance, that doesn't automatically disqualify you - they'll review your case during adjudication to determine if it was misconduct.

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Thanks! So I should file this week then? I was thinking maybe I should wait until I had all my paperwork together but sounds like I shouldn't delay.

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Mei Lin

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File ASAP! I made the mistake of waiting 3 weeks after I got laid off because I thought I needed my final paycheck first. Lost out on 3 weeks of benefits. The NYS Department of Labor website lets you file online pretty easily, you just need your SSN and basic job info. They'll send you a debit card in the mail once approved.

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Wait really? I thought you had to wait until you got your final pay stub to apply. Good to know!

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GalacticGuru

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attendance issues might be a problem tho... when I got fired for being late too much they said it was misconduct and denied my claim initially. Had to appeal and it took forever. BUT if you can show it was due to transportation problems or family issues they might approve it. During the adjudication interview be honest but explain any circumstances.

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Ugh that's what I'm worried about. It really was just me being irresponsible but I had some car trouble that made me late a bunch of times. Think that counts as circumstances?

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Jamal Wilson

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Car trouble could potentially help your case if you can document it with repair receipts or something. The key is showing it wasn't willful misconduct.

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Amara Nnamani

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I had such a hard time getting through to anyone at NYS Department of Labor when my claim got stuck in adjudication. Spent hours calling and either got busy signals or got disconnected. Finally found this service called Claimyr (claimyr.com) that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed to get my case reviewed.

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interesting, never heard of that before. was it expensive?

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Amara Nnamani

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Worth it for me since I couldn't afford to keep missing work trying to call them. Much easier than sitting on hold for hours.

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just apply online at labor.ny.gov, its not that complicated. you'll need to do weekly claims every week too or they stop paying you

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