How soon after getting fired can you apply for unemployment with NYS Department of Labor?
Got let go from my warehouse job yesterday completely out of nowhere - they said it was due to 'restructuring' but I think it was really because I called in sick twice last month. Either way, I need to figure out my next steps fast since I've got rent due in two weeks. How quickly can I file for unemployment benefits with NYS Department of Labor? Do I need to wait a certain amount of time or can I apply right away? Also wondering if being fired vs laid off makes any difference in the process?
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Charlie Yang
You can file your unemployment claim immediately - there's no waiting period to apply. NYS Department of Labor actually recommends filing as soon as possible after your last day of work because your weekly benefit amount is calculated based on when you file, not when you were terminated. Being fired vs laid off can affect eligibility though - if they claim it was for misconduct you might face a disqualification hearing.
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Olivia Martinez
•Thanks! Should I be worried about the 'restructuring' vs what I think really happened? How would they even prove misconduct for calling in sick?
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Grace Patel
File today if possible! I made the mistake of waiting a week when I got fired and it just delayed everything. You can file online through the NYS Department of Labor website or call their phone line. The sooner you file, the sooner your claim can get processed and you might start receiving benefits.
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ApolloJackson
•Seconding this - don't wait. The unemployment system moves slow enough already without giving them extra time.
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Isabella Russo
wait, I thought there was like a one week waiting period or something? I've been putting off filing because I thought I had to wait...
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Charlie Yang
•No waiting period to FILE the claim. There used to be a waiting week before you could receive benefits but that was eliminated. You should definitely file ASAP.
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Rajiv Kumar
I had a nightmare trying to get through to NYS Department of Labor when I was fired last year. Spent hours on hold just to get hung up on. If you run into phone issues, I ended up using this service called Claimyr (claimyr.com) that helped me actually reach a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful.
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Olivia Martinez
•How much does something like that cost? I'm already worried about money.
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Rajiv Kumar
•It's worth checking out their site for details, but honestly it saved me so much time and frustration that it was worth it for me. Plus you only use it when you actually need to talk to someone.
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Aria Washington
Just a heads up - if your employer fights the claim and says you were fired for cause, you might have to go through an adjudication process. Could take weeks to resolve. Document everything about why you think the firing was unfair.
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Olivia Martinez
•Ugh, that's exactly what I'm worried about. I did save the texts about being sick but I don't have much else.
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Liam O'Reilly
File immediately but also start job searching right away because you'll need to report your search activities when you file your weekly claims. NYS Department of Labor requires you to be actively looking for work to keep getting benefits.
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