If I get fired can I claim unemployment benefits through NYS Department of Labor?
I'm really worried about my job situation right now and need to know what happens if I get terminated. My supervisor has been documenting everything I do lately and I feel like they're building a case against me. If they fire me, would I be able to file for unemployment benefits with NYS Department of Labor? I've been working here for 2 years and this is my first real job out of college. I'm not sure how the whole unemployment system works or what would disqualify me from getting benefits. Does it matter why they fire me?
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Angelina Farar
Whether you can get unemployment after being fired depends on the reason for termination. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control, like poor performance or lack of skills. However, if you're fired for misconduct (like stealing, repeated violations of company policy, or insubordination), you'll likely be disqualified. The key is whether your actions were willful and substantial misconduct.
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Jessica Nolan
•What counts as misconduct exactly? I've been late a few times but nothing major like stealing or anything.
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Sebastián Stevens
I got fired last year for attendance issues and still got my unemployment approved. NYS Department of Labor looks at whether you were deliberately violating policies or just struggling to meet expectations. Being late occasionally usually isn't considered willful misconduct unless you were repeatedly warned and continued the behavior. When you file your claim, you'll need to explain your side of the story during the adjudication process.
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Bethany Groves
•How long did your adjudication take? I'm scared they'll take forever to decide and I won't be able to pay rent.
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KingKongZilla
ugh the whole system is so confusing!! i got fired from my last job and it took WEEKS to get through to anyone at NYS Department of Labor to explain what was happening with my claim. kept calling and calling but the phone lines are always busy
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Rebecca Johnston
•I had the same problem trying to reach NYS Department of Labor agents about my claim status. I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to get answers about my adjudication.
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Nathan Dell
just remember you have to file within like a week of losing your job or you might miss out on benefits for those weeks
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Angelina Farar
•Actually, you should file as soon as possible after termination, but there's no strict one-week deadline. However, your benefit year starts from when you file, so delaying means losing potential benefit weeks.
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Maya Jackson
My brother got fired for poor performance and had no issues getting unemployment. The employer tried to fight it but NYS Department of Labor sided with him. Make sure you document everything that's happening now in case you need it later for your claim or an appeal.
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