If fired from job can I collect unemployment benefits through NYS Department of Labor?
I was terminated from my retail job last Thursday after working there for 8 months. My manager said it was due to performance issues but I feel like they never gave me proper training or clear expectations. I'm wondering if I can still file for unemployment benefits with NYS Department of Labor since I was fired rather than laid off? I've never been on unemployment before and don't know how this works. Do they automatically deny claims if you were terminated for cause?
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Evelyn Kim
Yes, you can absolutely file for unemployment even if you were fired! The key is whether you were terminated for misconduct. Performance issues usually don't count as misconduct unless you were deliberately not doing your job. NYS Department of Labor will review your case during adjudication and make a determination. File your claim as soon as possible since there's a waiting period.
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Margot Quinn
•That's a relief to hear! Should I mention that I feel the training was inadequate when I file my claim?
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Diego Fisher
i got fired last year and still got my benefits took like 3 weeks for them to decide but they approved it
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Henrietta Beasley
The distinction is important here - being fired for performance vs. fired for misconduct are treated very differently by NYS Department of Labor. Performance issues, inadequate training, or not being a good fit typically don't disqualify you from benefits. However, things like theft, violence, or willful violation of company policy would be considered misconduct. When you file your initial claim, be honest about the reason for separation. Your employer will have a chance to respond during the adjudication process.
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Margot Quinn
•This helps a lot. The termination letter just says 'performance standards not met' so hopefully that works in my favor.
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Lincoln Ramiro
ugh the whole system is so confusing when you've been fired! I went through this same thing and was stressed for weeks thinking I wouldn't get anything. Turns out most firings don't actually disqualify you unless you did something really bad. The waiting period while they investigate is the worst part though.
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Faith Kingston
I had trouble getting through to NYS Department of Labor when I needed to check on my claim status after being terminated. Spent hours on hold with no luck. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful since I could actually talk to someone about my specific situation.
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Margot Quinn
•Interesting, I'll keep that in mind if I run into issues reaching them. Thanks for the tip!
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Emma Johnson
Just make sure you file right away because there's that one week waiting period before benefits start. Also be prepared for your employer to possibly contest your claim - they often do this automatically to try to keep their unemployment insurance rates down. Don't let that discourage you, just respond honestly to any requests for information during the adjudication process.
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