If I get fired do I get unemployment benefits through NYS Department of Labor?
So I think I might be getting terminated from my job next week and I'm panicking about money. Does anyone know if you can still collect unemployment if you get fired? I've been working at this company for 2 years but my supervisor has been writing me up for stupid stuff lately. I'm worried the NYS Department of Labor will deny my claim if they fire me. Has anyone been through this before?
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Monique Byrd
It depends on WHY you were fired. If it's for misconduct, you probably won't qualify. But if it's for poor performance or downsizing, you usually can get benefits. The NYS Department of Labor will investigate your termination during the adjudication process. Make sure to file your claim right away even if you're not sure - you can always appeal if they deny it.
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Alejandro Castro
•What counts as misconduct exactly? I've been late a few times but nothing major
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Jackie Martinez
i got fired last year and still got unemployment so dont worry too much about it
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Lia Quinn
You need to understand that misconduct has to be willful and substantial. Being late occasionally isn't usually enough unless it's chronic and you ignored warnings. The key is whether your employer can prove you deliberately violated company policy. When you file with NYS Department of Labor, they'll contact your employer for their side of the story. If there's any dispute, your claim goes into adjudication which can take several weeks to resolve.
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Alejandro Castro
•Several weeks?? I can't wait that long for money. Is there anything I can do to speed it up?
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Haley Stokes
•Unfortunately adjudication times are pretty standard with NYS Department of Labor. I had to wait 3 weeks when my employer contested my claim. The good news is if you're approved, they'll backpay you to when you first filed. Just make sure you keep filing your weekly claims even during adjudication or you'll lose those weeks.
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Asher Levin
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They'll find any excuse to deny you benefits while your former employer gets to tell their side of the story first. I've seen people denied for the most ridiculous reasons. Good luck getting through to anyone at NYS Department of Labor when you need to appeal either - their phone system is a joke!
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Monique Byrd
•I get the frustration but it's not impossible. You just need to document everything and be prepared to appeal if necessary. The system isn't perfect but it does work for legitimate claims.
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Lia Quinn
If you do have trouble reaching NYS Department of Labor by phone, I recently discovered this service called Claimyr at claimyr.com that helps you get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when my claim was stuck in adjudication and actually got to talk to someone within a few hours instead of spending days trying to call. Might be worth checking out if you run into issues.
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Alejandro Castro
•Thanks, I'll keep that in mind. Hopefully I won't need it but good to know there are options
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Jackie Martinez
•never heard of that but anything is better than sitting on hold for hours
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Serene Snow
Just wanted to say hang in there! I was so stressed when I got laid off last year but the unemployment benefits really helped bridge the gap. Make sure you start applying for jobs right away too because you'll need to show job search activities for your weekly claims.
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