If you're fired are you eligible for unemployment - NYS Department of Labor rules?
I got terminated from my warehouse job last Tuesday for being late too many times over the past month. My supervisor said it was attendance issues but I had transportation problems with my car breaking down. Can I still file for unemployment benefits with NYS Department of Labor or does getting fired automatically disqualify me? I've been working there for 8 months and this is my first time dealing with unemployment. Really stressed about paying rent next month.
10 comments


Daniel Price
Being fired doesn't automatically disqualify you from unemployment benefits. NYS Department of Labor looks at whether the termination was for 'misconduct.' Things like repeated tardiness can sometimes be considered misconduct, but it depends on the specific circumstances. You should definitely file your claim - the worst they can say is no, and if they deny it you can appeal. Make sure to explain your transportation issues when you file.
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Caleb Stone
•Thanks! Should I mention the car problems when I file the initial claim or wait until they ask for more details?
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Olivia Evans
yeah i got fired for being late and still got my benefits, took like 3 weeks though because they had to do some investigation thing
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Sophia Bennett
The key thing NYS Department of Labor looks at is whether your behavior was 'willful misconduct' or just poor performance. If you can show that your tardiness was due to circumstances beyond your control (like car trouble), that strengthens your case. Document everything - repair receipts, communication with your employer about the transportation issues, etc. File your claim immediately because there's a waiting period anyway.
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Aiden Chen
•What if the employer fights the claim though? My last boss tried to block my unemployment and it was a nightmare to deal with.
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Zoey Bianchi
I had the worst time trying to get through to NYS Department of Labor when I got fired last year. Spent hours on hold just to ask basic questions about my claim status. If you run into the same problem, I found this service called Claimyr that helped me actually reach a real person at the unemployment office. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Saved me so much frustration.
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Caleb Stone
•How much does something like that cost? I'm already worried about money.
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Zoey Bianchi
•It's worth checking out their site for details, but for me it was way better than spending entire days trying to get through on my own. The peace of mind was worth it.
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Christopher Morgan
The NYS Department of Labor system is so broken. They make you jump through hoops even when you deserve benefits. I got fired for 'performance issues' which was basically my boss not liking me, and they still made me wait 6 weeks while they 'investigated.' Meanwhile bills don't stop coming. Good luck dealing with their bureaucracy.
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Aurora St.Pierre
•I feel this so much. The whole system seems designed to make you give up.
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