If a job fired you can you get unemployment benefits from NYS Department of Labor?
I got terminated from my warehouse job last Friday and I'm not sure if I can file for unemployment. My supervisor said it was due to performance issues but I feel like they never gave me proper training. Can you still get benefits if you were fired? I heard mixed things about whether NYS Department of Labor approves claims when you get terminated vs when you quit. Anyone know how this works?
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Isabella Oliveira
Yes you can potentially get unemployment if you were fired, but it depends on the reason. NYS Department of Labor distinguishes between being fired for misconduct vs being fired for performance or other non-misconduct reasons. If it was truly performance related and not willful misconduct, you should be eligible. When you file your claim, be honest about the termination reason but explain your side of the story.
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Malik Thomas
•That's helpful, thank you. Should I mention that I feel they didn't train me properly when I file the claim?
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Ravi Kapoor
my friend got fired for being late all the time and still got unemployment so i think ur good
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Freya Larsen
The key thing is whether NYS Department of Labor determines it was misconduct or not. Performance issues usually don't count as misconduct unless you were deliberately doing poor work. If your employer contests the claim, you might need to go through adjudication where they'll review both sides. Keep any documentation you have about the training issues - performance reviews, emails, etc. This could help if there's a hearing.
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GalacticGladiator
•Wait what's adjudication?? I thought you just apply and either get approved or denied?
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Freya Larsen
•Adjudication is when there's a dispute about your eligibility. NYS Department of Labor investigates by contacting you and your employer to get both sides of the story before making a decision.
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Omar Zaki
I had a similar situation where I couldn't reach anyone at NYS Department of Labor to explain my side when my employer contested my claim. The phone lines are always busy and I kept getting hung up on. I ended up using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful for explaining my situation properly instead of just waiting weeks for them to decide without hearing from me.
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Malik Thomas
•That sounds useful. How long did it take to get through to someone?
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Chloe Taylor
Just file the claim ASAP. Even if they deny it initially you can appeal. Don't let the fear of getting denied stop you from trying. The worst they can say is no but if you don't apply you definitely won't get anything.
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