If u get fired can u collect unemployment - NYS Department of Labor rules?
So I got terminated from my warehouse job last week for attendance issues (called out sick 3 times in 2 months) and my supervisor said it was job abandonment even though I had doctors notes. My friend says I can't get unemployment if I got fired but another coworker said you can still file with NYS Department of Labor depending on the reason. I really need to know if its worth applying or if they'll just deny me automatically. Has anyone been in this situation before?
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Mohammad Khaled
You can definitely apply for unemployment benefits even if you were fired - it depends on whether NYS Department of Labor considers it misconduct or not. Getting fired for attendance when you had legitimate medical reasons with documentation isn't necessarily disqualifying misconduct. The key is whether your employer can prove willful misconduct. File your claim immediately and let them investigate during adjudication.
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Fiona Sand
•Thanks! Should I mention the doctors notes when I file or wait until they ask? I'm worried about saying the wrong thing.
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Alina Rosenthal
same thing happened to my brother last year, he got fired for being late too many times but still got approved for UI benefits after like 3 weeks of waiting
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Finnegan Gunn
•Wait really? I thought any firing meant no unemployment. This is confusing because my HR department told me I wouldn't qualify.
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Miguel Harvey
The employer will definitely contest your claim since they fired you, so be prepared for adjudication. NYS Department of Labor will review all the documentation and interview both sides. Having medical documentation helps your case significantly. Make sure to file within the first week after termination to avoid delays in processing.
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Fiona Sand
•How long does adjudication usually take? I need to start getting some income coming in ASAP.
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Miguel Harvey
•Adjudication can take 3-6 weeks depending on how backed up they are. If you're having trouble reaching NYS Department of Labor by phone during this process, there's a service called Claimyr (claimyr.com) that helps people get through to actual agents. They have a demo video showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you hit roadblocks.
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Ashley Simian
Ugh the whole system is so frustrating! I got fired from my retail job for 'poor performance' which was basically just not selling enough store credit cards, and NYS Department of Labor approved my claim after 4 weeks of back and forth. Employers always try to fight it but most of the time they don't have enough evidence to prove actual misconduct.
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Alina Rosenthal
•thats encouraging to hear, did you have to do a phone interview or anything?
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Oliver Cheng
Just apply and see what happens. Worst case they say no and you appeal. I've been through this process twice and honestly you never know how it'll go until you try.
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