If you are fired do you get unemployment - NYS Department of Labor eligibility question
I just got terminated from my job yesterday after working there for 2 years. My manager said it was due to performance issues but I feel like they were looking for reasons to let me go. I'm really stressed about money and need to know - can I still file for unemployment benefits with NYS Department of Labor if I was fired? I've never been through this before and don't know what to expect. Will they automatically deny my claim because I didn't quit or get laid off?
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Bruno Simmons
Yes, you can absolutely file for unemployment even if you were fired. NYS Department of Labor doesn't automatically disqualify you just because you were terminated. The key factor is whether you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless they involved willful violations of company policy. You should definitely file your claim as soon as possible - there's no penalty for filing, and you can always appeal if they initially deny it.
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Lourdes Fox
•Thank you so much! I was really worried they'd just reject me automatically. Should I mention the performance issues when I file or just say I was terminated?
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Aileen Rodriguez
File immediately and be honest about the circumstances. When you file your initial claim on the NYS Department of Labor website, you'll have space to explain what happened. Just stick to the facts - you were terminated due to performance issues. Don't elaborate too much or try to defend yourself in the application. If your employer contests the claim, that's when you can provide more detailed explanations during the adjudication process.
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Zane Gray
•This is good advice. I was fired last year for attendance issues and still got approved after explaining my situation during the phone interview.
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Maggie Martinez
Wait what if they say you were fired for cause?? I thought that automatically disqualifies you from getting benefits. My friend got fired for being late too many times and they denied his claim.
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Bruno Simmons
•It depends on the specific circumstances. Being chronically late can be considered misconduct, but isolated performance issues usually aren't. NYS Department of Labor looks at each case individually during adjudication.
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Alejandro Castro
I had trouble reaching NYS Department of Labor when my claim went into adjudication after being fired. Spent weeks trying to get through on the phone to explain my side. Finally used a 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. Really saved me a lot of stress when I needed to clarify details about my termination.
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Lourdes Fox
•How long did the adjudication process take once you were able to talk to someone? I'm worried this could drag on for months.
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Alejandro Castro
•Once I got through to an agent and explained everything, they resolved it within about 2 weeks. The hard part was just making contact initially.
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Monique Byrd
File ASAP!! Even if you think they might deny you. I made the mistake of waiting because I thought I wouldn't qualify and lost out on like 3 weeks of benefits while I was overthinking it.
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Matthew Sanchez
I went through something similar about 6 months ago - also fired for "performance issues" after 2+ years at my job. I was terrified to file but I'm so glad I did. The NYS Department of Labor approved my claim because performance issues alone usually don't qualify as misconduct. The key is being honest in your application but not over-explaining. Just state the facts: you were terminated due to performance concerns. If your employer contests it, you'll get a chance to tell your full story during the phone interview. Don't let fear stop you from filing - you've been paying into this system and deserve to use it when you need it. Good luck!
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