If someone is fired are they eligible for unemployment - NYS Department of Labor rules?
My roommate just got terminated from her retail job last week and she's wondering if she can file for unemployment benefits. The manager said she was let go for 'performance issues' but she thinks it was really because she called out sick twice last month. Does getting fired automatically disqualify you from getting unemployment in New York? She's never filed before and doesn't know where to start with the NYS Department of Labor system.
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Harper Hill
Getting fired doesn't automatically disqualify you from unemployment benefits in NY. The key is whether it was for misconduct or not. Performance issues usually don't count as misconduct unless it was willful neglect of duties. She should definitely file a claim through my.ny.gov and let the NYS Department of Labor investigate. The worst they can say is no, but she might be surprised.
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Lucas Adams
•That's helpful! She was worried she couldn't even apply. What counts as misconduct exactly?
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Caden Nguyen
Your roommate should file immediately. In New York, you're generally eligible unless you were fired for misconduct connected to your work. Things like tardiness, poor performance, or calling out sick typically don't rise to the level of misconduct. The employer has to prove misconduct, not the other way around. The NYS Department of Labor will contact both parties during adjudication to get the full story.
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Avery Flores
•This is exactly right. I got fired for attendance issues last year and still got my benefits approved after adjudication.
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Zoe Gonzalez
Wait I'm confused - I thought if you got fired you couldn't get unemployment at all?? My cousin told me that's how it works but maybe she was wrong?
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Harper Hill
•That's a common misconception! You can get unemployment if fired, just not if you quit voluntarily or were fired for serious misconduct like stealing or violence.
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Ashley Adams
I had such a hard time getting through to the NYS Department of Labor when I was dealing with my claim status. If your roommate needs to talk to someone about her situation, I found this service called Claimyr (claimyr.com) that actually gets you connected to real agents. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Way better than spending hours on hold or getting hung up on.
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Lucas Adams
•Thanks! I'll tell her about that if she has trouble reaching anyone.
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Alexis Robinson
The NYS Department of Labor system is such a pain honestly. I got fired from my warehouse job for being 'too slow' and it took 6 weeks to get approved. They make you jump through so many hoops even when it's obvious you deserve benefits. But yeah definitely file anyway because you never know.
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Aaron Lee
She should file ASAP and make sure to be completely honest about why she was fired when she does the initial claim. The NYS Department of Labor will investigate and make a determination. If they deny her initially, she can always appeal the decision.
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