If I get fired do I qualify for unemployment benefits through NYS Department of Labor?
My manager has been giving me a really hard time lately and I'm worried they might fire me soon. I've been at this retail job for about 8 months and haven't had any formal write-ups, but my supervisor keeps finding fault with everything I do. If they do end up firing me, would I be able to get unemployment benefits? I've never applied before and don't really understand how it works. Do they look at why you got fired or just that you lost your job? I'm really stressed about this because I can barely afford my rent as it is.
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Liam O'Donnell
Yes, you can potentially qualify for unemployment even if you're fired, but it depends on the reason. NYS Department of Labor will deny benefits if you were terminated for 'misconduct' - things like stealing, violence, or deliberately violating company policies. However, if you're fired for poor performance, not getting along with your boss, or general job-related issues that aren't misconduct, you should still qualify. Since you mentioned no formal write-ups, that's actually good for your case.
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Mei Liu
•That's a relief to hear! So even if they say I'm not doing my job well enough, I could still get benefits? What counts as misconduct exactly?
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Amara Nwosu
I got fired from my last job for attendance issues and still got approved for UI benefits. The key is that it has to be willful misconduct, not just being bad at your job or having personality conflicts. When you file your claim, NYS Department of Labor will contact your employer to get their side of the story during adjudication. Just be honest about what happened when you file.
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AstroExplorer
•How long did the adjudication process take for you? I'm in a similar situation and worried about how long I'll have to wait for a decision.
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Giovanni Moretti
Had a nightmare trying to reach NYS Department of Labor when I got fired last year. Kept getting busy signals and when I finally got through, they hung up on me twice! Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to get answers about my claim status.
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Liam O'Donnell
•That's actually pretty helpful - I've heard the phone lines are impossible during busy periods. Good to know there are workarounds when you really need to talk to someone.
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Fatima Al-Farsi
just make sure you apply right away if it happens!! you can file online through my.ny.gov and it's pretty straightforward. don't wait around because there's a waiting period anyway
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Mei Liu
•Good point about applying right away. How long is the waiting period usually?
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Dylan Cooper
ugh the whole system is so stressful when you're already dealing with losing your job. I went through this same thing and it took forever to get answers. Just document everything with your employer - any emails, performance reviews, anything that shows you weren't doing anything wrong on purpose.
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