If a company fires you can you get unemployment benefits from NYS Department of Labor?
Just got terminated from my job yesterday and I'm freaking out about bills. The manager said it was due to 'performance issues' but honestly I think they just wanted to cut costs. Can I still file for unemployment benefits with NYS Department of Labor if I was fired? I heard mixed things from coworkers about whether you can get UI if you're terminated vs laid off. Really need to know if it's worth applying or if I'll just get denied.
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Ethan Campbell
Yes, you can absolutely get unemployment if you're fired! The key is WHY you were fired. NYS Department of Labor distinguishes between being fired for misconduct vs being fired for other reasons like performance, attendance, or business needs. If it was performance related and not willful misconduct, you should qualify for benefits. File your claim right away - don't wait.
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Aisha Mohammed
•Thanks! What counts as misconduct though? I was never written up or anything, they just said my sales numbers weren't meeting expectations.
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Yuki Watanabe
I got fired last year for being late too often and still got approved for unemployment. The adjudication process took about 3 weeks but NYS Department of Labor ruled in my favor because it wasn't considered willful misconduct. The employer has to prove you did something really bad on purpose to disqualify you.
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Carmen Sanchez
•Were you worried during those 3 weeks? I hate waiting for adjudication decisions.
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Yuki Watanabe
•Yeah it was stressful but I kept filing my weekly claims the whole time. That's important - keep filing even during adjudication.
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Andre Dupont
I had a nightmare trying to reach NYS Department of Labor when my claim went into adjudication after being fired. Spent weeks calling and either getting busy signals or being disconnected. Finally used this service called Claimyr (claimyr.com) that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Totally worth it when you need answers fast.
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Aisha Mohammed
•How much does something like that cost? Money's really tight right now.
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Andre Dupont
•It's way cheaper than missing out on benefits while waiting. Plus the peace of mind knowing someone's actually working on getting you through is huge.
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Zoe Papadakis
MISCONDUCT has to be really serious stuff - like stealing, violence, repeatedly showing up drunk, etc. Poor performance or not meeting sales goals is NOT misconduct! I work in HR and see this confusion all the time. Companies sometimes try to fight unemployment claims even when they know the person will qualify.
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ThunderBolt7
•Why would they fight it if they know the person will win?
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Zoe Papadakis
•Because it affects their unemployment tax rate. More successful claims = higher taxes for the employer.
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Carmen Sanchez
File ASAP! You have to file within like 30 days or something and there's a waiting week anyway. Even if you're not sure if you qualify, just file and let NYS Department of Labor sort it out.
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Jamal Edwards
The system is so confusing though. I got fired from my retail job for 'attitude problems' whatever that means and my claim is still pending after 2 weeks. How do they even decide these things? Do they call your old boss?
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Ethan Campbell
•Yes, they contact your employer as part of the adjudication process. Both sides get to present their case. That's why it's important to document everything when you file your claim.
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