If get fired can collect unemployment - NYS Department of Labor eligibility questions
So I might be getting terminated from my warehouse job next week due to some attendance issues (nothing major just a few late arrivals). If I get fired can I still collect unemployment benefits? I've been working there for about 8 months and this would be my first time filing. I heard from a coworker that getting fired means you can't get UI but I'm not sure if that's true. What does NYS Department of Labor consider when they decide if you're eligible? Really stressed about this since I have rent due and bills to pay.
10 comments
Join the conversation
Faith Kingston
Whether you can collect unemployment after being fired depends on the reason for termination. NYS Department of Labor will determine if you were discharged for misconduct connected to your work. Simple attendance issues or poor performance usually don't disqualify you, but willful misconduct does. You should definitely file your claim as soon as possible after termination - don't wait. The worst they can do is deny it, but many people who think they're ineligible actually qualify.
0 coins
Lincoln Ramiro
•Thanks for the info! What exactly counts as misconduct? I was never written up formally, just had a few conversations with my supervisor about being 10-15 minutes late occasionally.
0 coins
Emma Johnson
i got fired last year for being late too much and still got my unemployment. took like 3 weeks for them to approve it though because they had to investigate. just file the claim and see what happens
0 coins
Liam Brown
The key is that NYS Department of Labor distinguishes between misconduct and non-misconduct terminations. Being late occasionally usually falls under poor performance rather than willful misconduct. However, your employer will have a chance to contest your claim and provide their side of the story. Make sure you have documentation of any disciplinary actions or lack thereof. If you get denied initially, you can always appeal the decision.
0 coins
Olivia Garcia
•This is so confusing! How are regular people supposed to know all these rules? I've been putting off filing because I'm scared they'll ask for money back if I mess something up.
0 coins
Noah Lee
Had a similar situation last month where I couldn't get through to NYS Department of Labor to ask about my eligibility before filing. Kept getting busy signals and the online chat never worked. Finally found this service called Claimyr (claimyr.com) that helped me actually connect with a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent was able to explain my specific situation and confirmed I should file even though I wasn't 100% sure about eligibility.
0 coins
Lincoln Ramiro
•That sounds helpful! I've been dreading trying to call them because everyone says it's impossible to get through.
0 coins
Ava Hernandez
File immediately after your last day of work. Don't listen to people who say you can't get unemployment if you're fired - that's not always true. I was terminated for what my employer called 'performance issues' and I received benefits for the full 26 weeks. The adjudication process took about 2 weeks but it was approved. Just be honest on your application about the circumstances.
0 coins
Isabella Martin
ugh the whole system is such a mess... they make it so hard to figure out if you even qualify. but yeah definitely try filing anyway, what's the worst that can happen?
0 coins
Faith Kingston
•Exactly - there's no penalty for filing a claim that gets denied for eligibility reasons. Better to try and get approved than not file at all and struggle financially.
0 coins