If you got fired can you get unemployment in NY - NYS Department of Labor eligibility?
My supervisor terminated me last Friday for what they called 'poor performance' but I think it was really because I asked about getting my overtime pay that they owed me. I've been working there for 8 months and never had any written warnings or anything in my file. Can I still file for unemployment benefits with NYS Department of Labor even though I was fired? I'm really worried they're going to deny my claim because of how it ended. Has anyone been in a similar situation where you got fired but still qualified for UI benefits?
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Hunter Brighton
Yes, you can absolutely apply for unemployment even if you were fired! NYS Department of Labor looks at whether you were terminated for 'misconduct' - which has a very specific legal definition. Poor performance usually doesn't qualify as misconduct unless it was willful or deliberate. The fact that you weren't given warnings actually works in your favor. File your claim right away and let them investigate.
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Grace Thomas
•That's reassuring! Should I mention the overtime pay issue when I file or just stick to what they told me about performance?
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Dylan Baskin
I got fired from my last job for attendance issues but still got approved for benefits. NYS Department of Labor will contact your employer to get their side of the story during the adjudication process. Make sure you tell the truth about everything - they can verify details with your employer anyway. The key is whether what you did rises to the level of misconduct.
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Lauren Wood
•How long did your adjudication take? I'm dealing with something similar and it's been 2 weeks already.
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Ellie Lopez
ugh this is my worst nightmare!! I keep thinking my boss is going to fire me and then I won't be able to get any benefits. But wait, if they fire you for asking about overtime doesn't that sound like retaliation? That's illegal right? Maybe you should talk to a lawyer too?
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Chad Winthrope
I had a nightmare trying to reach NYS Department of Labor when my claim got stuck in adjudication after being terminated. Spent weeks calling that 888 number and either got busy signals or hung up on after waiting 2+ hours. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at NYS Department of Labor within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing exactly how it works. Saved me so much stress dealing with the phone system.
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Grace Thomas
•Never heard of that but might be worth looking into if my claim gets complicated. Thanks for the info!
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Paige Cantoni
Just remember you need to keep filing your weekly claims even while your initial claim is being reviewed. A lot of people don't realize this and miss out on benefits they were entitled to.
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Kylo Ren
Same thing happened to my brother last year - fired for 'performance' but really it was because he complained about safety issues. He got approved after like 3 weeks of adjudication. The employer tried to fight it but NYS Department of Labor sided with him.
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