If I get fired can I file for unemployment with NYS Department of Labor?
My supervisor has been writing me up for minor things and I'm pretty sure they're planning to fire me next week. I've been at this retail job for 8 months and never had problems at previous jobs. If they terminate me, am I eligible to file for unemployment benefits through NYS Department of Labor? I'm worried they'll say it's my fault and deny my claim. Has anyone been in this situation before?
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Keisha Jackson
You can definitely file for unemployment even if you're fired, but NYS Department of Labor will investigate the circumstances. If they fired you for misconduct (like stealing, violence, or repeatedly violating clear policies), you'll be disqualified. But if it's performance issues or personality conflicts, you should be eligible. Make sure to file your claim right away after termination.
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QuantumQuasar
•Thanks! It's definitely not misconduct - just stuff like being 3 minutes late or not smiling enough. Sounds like I should be okay then.
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Paolo Moretti
yes you can file but they will ask why you got fired and your employer gets to respond. if your boss says you were a bad employee it might cause problems
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Keisha Jackson
•NYS Department of Labor doesn't just take the employer's word for it though. They look at documentation and evidence. Minor performance issues usually don't rise to the level of disqualifying misconduct.
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Amina Diop
I went through this exact situation last year. Got fired from a warehouse job after they said I wasn't meeting productivity standards. Filed for unemployment the same day and had to do a phone interview with NYS Department of Labor about 2 weeks later. They asked me to explain what happened and also interviewed my former supervisor. Got approved because they determined it wasn't willful misconduct. The key is being honest about everything when you file your claim.
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QuantumQuasar
•Did you have any documentation to help your case? I've been keeping copies of the write-ups they gave me.
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Amina Diop
•That's smart! I wish I had done that. I just had to rely on my word against theirs, but luckily the adjudicator believed my version of events.
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Oliver Weber
I had trouble getting through to NYS Department of Labor when I needed to explain my termination situation. Kept calling for days and either got busy signals or got disconnected after waiting on hold. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Really helped me get my case resolved quickly instead of stressing about phone calls for weeks.
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Natasha Romanova
•How much does something like that cost? I'm already worried about money if I lose my job.
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Oliver Weber
•It was worth it for the peace of mind honestly. Way better than the stress of trying to get through on my own when I needed answers about my claim status.
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NebulaNinja
just file anyway!! the worst they can say is no and then you appeal. i got fired for being late too much (my car kept breaking down) and still got approved after they reviewed everything
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Javier Gomez
The unemployment system is such a mess. They make it so confusing whether you qualify or not. I've seen people get denied for ridiculous reasons and others get approved when they probably shouldn't have. Just depends on who reviews your case I guess.
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Keisha Jackson
•There are actually pretty clear guidelines about what constitutes disqualifying misconduct. It has to be willful violation of employer rules or policies, not just poor performance or personality conflicts.
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