How long do I have to file unemployment after being fired in NYS?
Got terminated from my retail job yesterday morning and I'm honestly in shock. Manager said it was due to performance issues but I feel like it came out of nowhere. My friend told me there's a deadline for filing unemployment claims but she wasn't sure how long. Does anyone know the exact timeframe for filing after termination? I'm worried if I wait too long I'll miss my chance. Also wondering if being fired for performance affects eligibility vs being laid off. This is my first time dealing with unemployment so any guidance would be helpful.
10 comments
Join the conversation
Anna Stewart
You generally want to file as soon as possible, but you have up to one year from your separation date to file an initial claim with NYS Department of Labor. However, there's a catch - benefits can only be paid for weeks you actually file weekly claims, and you can't backdate more than 4 weeks without good cause. So if you wait months to file, you're potentially losing weeks of benefits you could have received.
0 coins
Kai Rivera
•Thanks for the info! So I should definitely file this week then to avoid missing any potential benefits. Do I need any specific documents from my employer or can I file with just basic info?
0 coins
Layla Sanders
filed mine like 3 weeks after getting fired and had no issues, but yeah definitely dont wait too long because you lose money
0 coins
Morgan Washington
The sooner you file, the better. Being fired for performance doesn't automatically disqualify you from unemployment benefits in NY, but your employer might contest the claim. NYS Department of Labor will investigate if there's a dispute and determine if the termination was due to misconduct or just poor performance. Poor performance usually doesn't disqualify you, but willful misconduct does. I'd recommend filing online at labor.ny.gov right away and be honest about the circumstances of your termination.
0 coins
Kaylee Cook
•This is really important info. I was fired for being late too many times and my claim was approved because they determined it wasn't willful misconduct, just poor performance. Don't assume you're not eligible just because you were fired.
0 coins
Oliver Alexander
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after filing. The phone lines are always busy and the hold times are ridiculous. I actually found this service called Claimyr that helped me get through to an actual person at labor.ny.gov. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of frustration trying to get answers about my adjudication.
0 coins
Kai Rivera
•Good to know about that service! I'm hoping I won't need it but I'll keep it in mind if I run into issues reaching someone at NYS Department of Labor.
0 coins
Lara Woods
wait so if i got fired in august but never filed can i still get unemployment now??? i thought i missed my chance completely
0 coins
Anna Stewart
•You can still file an initial claim since it's been less than a year, but you won't be able to collect benefits for the weeks between August and when you actually file. You'd only be eligible going forward from your filing date.
0 coins
Isabella Costa
Just wanted to add that when you file online at labor.ny.gov, make sure you have your Social Security number, driver's license or state ID, and employment history for the past 18 months ready. You'll also need your employer's information including their address and phone number. The online system is usually the fastest way to file, and you can do it 24/7. If you worked multiple jobs in the past year, you'll need info for all of them since they determine your benefit amount based on wages from multiple employers. Good luck with your claim!
0 coins