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GalaxyGlider

How long do you have to file unemployment after being fired from NYS job?

Got terminated from my warehouse job in Syracuse yesterday and I'm trying to figure out the timing for filing with NYS Department of Labor. I know there's some kind of deadline but I can't find clear info on their website. Is it like 30 days or do I need to file immediately? Also worried because my supervisor said they're going to contest it since they fired me for attendance issues (was late a few times due to car problems). Should I wait to file until I have all my documentation together or just file now? Really stressed about missing some deadline and losing benefits.

Mei Wong

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You need to file as soon as possible! NYS Department of Labor doesn't have a hard deadline like 30 days, but there's a one-week waiting period before benefits start, and you can't get benefits for weeks you don't file. So if you wait 2 weeks to file, you lose those 2 weeks of potential benefits. File online at my.ny.gov right now - you can always add documentation later. For the attendance issue, you'll likely face adjudication, but being late due to transportation isn't usually considered misconduct if you can document the car problems.

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GalaxyGlider

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Thank you! Filing right now. Do I need the car repair receipts or just explain the situation when they ask?

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Liam Sullivan

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same thing happened to me got fired for attendance and filed 3 days later. took like 6 weeks for adjudication but eventually got approved. just make sure you keep filing weekly claims even during adjudication or you lose those weeks

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Amara Okafor

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The key is filing immediately because each week you delay is a week of benefits you can't recover. NYS Department of Labor will backdate your claim to when you file, not when you lost your job. If your employer contests, you'll go through adjudication where they investigate whether you were fired for misconduct. Transportation issues generally aren't misconduct unless you had multiple warnings and refused to find alternative transportation. Keep any documentation about car repairs, text messages about being late, anything that shows you were trying to address the problem.

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Wait I thought they could backdate claims? My friend got backdated when she missed filing the first week

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Amara Okafor

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They can backdate in some circumstances but it's not automatic and requires good cause. Better to just file immediately and not risk it.

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I've been trying to reach NYS Department of Labor for weeks about my adjudication and can never get through their phone lines. It's so frustrating when you need answers! I ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real agent in like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth it if you run into issues and need to actually talk to someone about your case.

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GalaxyGlider

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That actually sounds really helpful. I'll definitely check that out if I can't get through when they start the investigation.

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StarStrider

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Just file TODAY don't overthink it. The NYS Department of Labor system is set up so that delays hurt you. Even if your employer contests it you still file weekly claims and if you win the adjudication you get all that money. If you wait to file you're just throwing money away for no reason.

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