How to collect unemployment after being fired from my job in New York
I got terminated from my retail job last Friday and I'm really confused about whether I can even apply for unemployment benefits. My manager said I was let go for 'poor performance' but I think it was really because I complained about scheduling issues. I've been working there for almost 2 years and never had any formal write-ups. Can I still file for unemployment with NYS Department of Labor if I was fired? What do I need to prove my case? I'm worried they'll automatically deny me because of the termination.
15 comments
Join the conversation
Anthony Young
Yes, you can absolutely apply for unemployment benefits even if you were fired. Being terminated doesn't automatically disqualify you from receiving benefits. NYS Department of Labor will review your case during the adjudication process to determine if the firing was for 'misconduct.' Poor performance usually doesn't count as misconduct unless it was willful. File your claim immediately on the my.ny.gov website and provide your side of the story when they ask.
0 coins
Aurora Lacasse
•Thank you! That's really reassuring. Should I mention the scheduling complaint I made when I file the claim?
0 coins
Charlotte White
same thing happened to me got fired for being late too many times but still got approved for benefits after like 3 weeks
0 coins
Admin_Masters
The key is whether NYS Department of Labor determines it was misconduct or not. Poor performance, inability to do the job, or personality conflicts typically aren't considered misconduct. Misconduct has to be willful - like stealing, violence, or deliberately violating company policy. Since you mention scheduling complaints, that could actually work in your favor if they retaliated against you. Make sure to document everything you remember about the termination meeting and any prior incidents.
0 coins
Aurora Lacasse
•I do have text messages where I asked about the irregular schedule changes. Should I save those?
0 coins
Admin_Masters
•Absolutely save those texts! Any documentation that shows you were trying to follow proper procedures or that indicates potential retaliation will help your case during adjudication.
0 coins
Matthew Sanchez
ugh the NYS Department of Labor system is so confusing though!! I've been trying to call them for weeks about my claim and can never get through. The phone just rings and rings or I get disconnected. Anyone know a better way to reach them?
0 coins
Ella Thompson
•I had the same problem with calling NYS Department of Labor until someone told me about this service called Claimyr. You basically give them your info and they call the unemployment office for you and get you connected to an actual agent. I was skeptical at first but it actually worked - got through to someone at NYS Department of Labor in like 20 minutes instead of calling for days. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Check out claimyr.com if you're tired of the phone runaround.
0 coins
JacksonHarris
File ASAP! The sooner you file your initial claim the better. Even if your employer contests it you'll still get a chance to present your side during the phone hearing. I got fired from my restaurant job for 'attitude problems' but won my appeal because I could prove it was really about me asking for proper break times. NYS Department of Labor sided with me after hearing both sides.
0 coins
Jeremiah Brown
Don't let them intimidate you into not filing! Employers contest unemployment claims all the time even when they know the worker deserves benefits. It's just business to them but it's your livelihood.
0 coins
Diego Flores
I went through something similar last year - got fired for "insubordination" when I really just questioned some unsafe working conditions. The whole process with NYS Department of Labor took about 6 weeks but I did get approved. Key things that helped me: 1) I filed my claim within the first week after termination, 2) I was completely honest about what happened when they called for the fact-finding interview, and 3) I had kept emails showing I tried to address the issues properly through HR first. Since you mentioned you never had formal write-ups in 2 years, that's actually really good for your case - it shows the "poor performance" claim might not hold water. Document everything you can remember about your termination and any conversations leading up to it. Good luck!
0 coins
Abigail Patel
•@Diego Flores This is really helpful to know the timeline! 6 weeks sounds reasonable. I m'definitely going to file this week. Quick question - when NYS Department of Labor called you for the fact-finding interview, how long did that conversation take? I want to make sure I m'prepared and have all my documentation ready when they reach out.
0 coins
Cass Green
I'm dealing with a similar situation right now! Got let go from my office job three weeks ago for "not meeting expectations" but I suspect it was really because I raised concerns about overtime policies. Reading everyone's responses here is giving me hope. I already filed my claim through my.ny.gov like Anthony suggested, and I'm waiting to hear back from NYS Department of Labor. One thing I learned from my research is that they look at the "final incident" that led to your termination - if it wasn't something really egregious like theft or violence, you have a good shot. Aurora, definitely mention those scheduling complaints you made - it could show they retaliated against you for advocating for yourself, which isn't misconduct on your part.
0 coins
Ethan Clark
•@Cass Green I m'so glad to hear you already filed! That gives me more confidence to move forward. The final "incident angle" is something I hadn t'thought about - in my case it was just my manager saying I wasn t'meeting sales targets, but like you said, nothing serious like theft. It s'encouraging to see so many people here who went through similar situations and came out okay. I think the fact that we both raised legitimate workplace concerns before getting fired might actually help our cases. Thanks for sharing your experience!
0 coins
Connor Byrne
I just want to echo what everyone else is saying - definitely file your claim right away! I was in a very similar situation about 8 months ago where I got terminated for "performance issues" but it was really because I had been asking HR about unpaid overtime. I was terrified they'd deny me automatically, but NYS Department of Labor approved my benefits after about 4 weeks. The adjudication process was actually pretty fair - they called both me and my former employer separately to get the full story. What really helped my case was that I had documentation showing I was trying to address workplace issues through proper channels, just like you with your scheduling complaints. The fact that you worked there for 2 years with no formal write-ups is huge in your favor. Poor performance that leads to termination usually has a paper trail of warnings and improvement plans - the absence of that documentation will likely work against your employer's case. Stay strong and don't let them scare you out of filing!
0 coins