How soon can you get unemployment after being fired from job in NY?
Got terminated from my warehouse job yesterday for attendance issues (was late 3 times in two months due to childcare problems). Manager said it was for cause but I think that's unfair since other people are late way more than me. Anyway, I need to know how quickly I can start getting unemployment benefits? I have rent due in 2 weeks and really can't afford to wait around. Do I need to wait a certain period after being fired to apply with NYS Department of Labor? And will they deny me since they said it was for cause?
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Carmen Ortiz
You can file your unemployment claim right away - there's no waiting period after termination to apply. Go to the NYS Department of Labor website and file immediately. However, since you were fired for attendance, they'll likely investigate this during adjudication to determine if it was misconduct. Being late repeatedly can sometimes be considered willful misconduct, but it depends on your employer's policies and whether you had valid reasons.
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Yuki Tanaka
•So even though I was fired I can still apply right away? I thought you had to wait like a week or something. And what happens during adjudication - do they call my old boss?
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MidnightRider
File today if you can. The sooner you file, the sooner your claim date starts. Even if they deny you initially for misconduct, you can appeal that decision. I was fired for what my employer called 'poor performance' and initially got denied, but won my appeal because I could prove it wasn't willful misconduct. The whole process took about 6 weeks total but I got backpay from my original filing date.
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Andre Laurent
•Wait so if you get denied but then win the appeal, do they pay you for all the weeks you were waiting? That's good to know because I'm in a similar situation.
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Zoe Papadopoulos
ugh this is exactly what happened to me last year! My manager was such a jerk about tardiness even though I explained my situation. I filed the same day I got fired and honestly it was the best decision. NYS Department of Labor will look at whether your lateness was willful misconduct or if you had good cause. Having childcare issues might actually help your case since that's considered a valid reason in some circumstances.
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Yuki Tanaka
•Really? I didn't know childcare problems could be considered good cause. Did they ask you for documentation or anything to prove it?
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Jamal Washington
Just went through this nightmare myself with getting through to NYS Department of Labor about my adjudication. The phone lines are impossible - I must have called 200 times over 3 weeks. Finally found this service called Claimyr that actually got me connected to a real person at NYS Department of Labor within a few hours. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Saved my sanity honestly.
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Mei Wong
•Never heard of that service but anything is better than trying to get through those phone lines yourself. How much does it cost?
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Jamal Washington
•They focus more on just getting you connected rather than the cost aspect. Honestly after weeks of trying on my own, it was worth it just to finally talk to someone who could explain what was happening with my claim.
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Liam Fitzgerald
dude just file now don't wait!! i waited like 2 weeks after getting fired thinking i needed to cool off or whatever and that was 2 weeks of benefits i lost out on. even if they investigate your firing you still want that claim date as early as possible
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Carmen Ortiz
To answer your specific question about timing - you'll file your initial claim online, then wait about 1-2 weeks for them to process it. If there's no issues, you could see your first payment within 2-3 weeks. But since you were fired, expect adjudication which adds probably 2-4 more weeks while they investigate. During adjudication they may contact your employer and possibly interview you by phone.
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Chloe Wilson
•This is really helpful info about the timeline. So even during the adjudication period while they're investigating, I won't get any payments at all until they make a decision? And if they do contact my employer, what kind of stuff do they typically ask them?
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