I was fired for no reason can I get unemployment from NYS Department of Labor?
My manager let me go yesterday and said it was due to 'restructuring' but I know that's not true because they hired someone new last week. I worked there for 2 years as a warehouse supervisor and never had any disciplinary issues. When I asked for more details they just said my position was being eliminated. Can I still file for NYS Department of Labor unemployment benefits? I'm really confused about whether this counts as being fired or laid off. I need to start my claim ASAP because I have rent due next week.
9 comments
Join the conversation
Amina Bah
Yes, you can definitely file for unemployment benefits! What you're describing sounds like a layoff rather than a termination for cause. When employers say 'restructuring' or 'position elimination,' that's typically considered a lack of work situation, which makes you eligible for UI benefits. File your claim immediately on the NYS Department of Labor website - don't wait. The sooner you file, the sooner your benefits can start.
0 coins
Paolo Marino
•Thank you! I was worried because they used the word 'fired' when they told me. Should I put down laid off on my application then?
0 coins
Oliver Becker
same thing happened to me at my retail job. they said budget cuts but then posted my exact position online two days later. still got approved for unemployment though so dont worry about it
0 coins
Paolo Marino
•Did NYS Department of Labor ask you any questions about the circumstances when you filed?
0 coins
Natasha Petrova
When filing your claim, be honest about the circumstances but focus on what your employer told you - 'restructuring' and 'position elimination.' Those are the employer's stated reasons, and that's what matters for your unemployment claim. NYS Department of Labor will contact your former employer to verify the separation reason. If there's any dispute about whether you quit, were fired for misconduct, or were laid off, your claim might go into adjudication where they'll investigate further.
0 coins
Javier Hernandez
•What happens if it goes into adjudication? I'm scared they'll deny my claim because my boss didn't like me.
0 coins
Emma Davis
I had trouble getting through to NYS Department of Labor when I needed to check on my claim status after a similar situation. If you run into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made the whole process so much easier when I needed to explain my job separation circumstances.
0 coins
Paolo Marino
•Thanks for the suggestion! Hopefully I won't need it but good to know there are options if I can't get through.
0 coins
LunarLegend
File immediately and don't overthink the terminology. Whether they called it fired, laid off, or restructuring, if you weren't terminated for misconduct (stealing, fighting, not showing up), you should qualify for benefits. The key is that you lost your job through no fault of your own.
0 coins