If you are fired from a job can you collect NYS Department of Labor unemployment benefits?
I got terminated from my warehouse job last week after my supervisor said I wasn't meeting productivity standards. They gave me a final warning two weeks ago but I thought I was improving. Now I'm worried about paying my bills and rent. Can I still file for unemployment benefits through NYS Department of Labor if I was fired? I've been working there for almost 2 years and this is my first time dealing with unemployment. I don't really understand how the system works or what makes you eligible vs disqualified.
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Isabella Russo
Yes, you can potentially collect unemployment even if you were fired, but it depends on the reason. NYS Department of Labor will review your case during adjudication to determine if the termination was for 'misconduct.' Being fired for poor performance or not meeting standards usually doesn't disqualify you, but being fired for things like theft, violence, or repeated policy violations would. Since you received a warning and were trying to improve, that sounds like performance-related rather than misconduct.
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ApolloJackson
•That's a relief! So should I mention the final warning when I file my claim? I'm worried it might hurt my case.
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Rajiv Kumar
File your claim ASAP - don't wait! You can apply online through my.ny.gov and the NYS Department of Labor will investigate the circumstances. Your employer will get a chance to respond and provide their side of the story. The key is whether they can prove 'willful misconduct' on your part. Poor performance, inability to do the job, or personality conflicts usually aren't considered misconduct under unemployment law.
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Aria Washington
•This is exactly right. I was fired for missing sales targets and still got approved after adjudication took about 3 weeks.
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Liam O'Reilly
ugh the waiting is the worst part though!! I got fired from my retail job in December and my claim went into adjudication for FOREVER. NYS Department of Labor kept saying they needed more information but wouldn't tell me what exactly. I couldn't get through on the phone no matter how many times I called. Has anyone had luck actually reaching someone there recently??
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Chloe Delgado
•I had the same problem with phone calls until someone told me about Claimyr (claimyr.com). They basically call NYS Department of Labor for you and get you connected to an actual agent. There's a video demo showing how it works: https://youtu.be/qyftW-mnTNI. I was skeptical at first but it actually worked and I got through to resolve my adjudication issue within a day.
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Ava Harris
be honest on your application about what happened. lying will only make things worse if they find out later. the nysdol adjudication process is thorough and they'll contact your employer anyway so hiding details won't help
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Jacob Lee
Just wanted to say I feel for you! Getting fired is never easy even when it's not your fault. The good news is unemployment benefits exist exactly for situations like this. Don't let anyone make you feel bad for filing - you paid into this system through your paychecks.
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