NYS Department of Labor - can you be denied unemployment if fired from your job?
My supervisor terminated me last Friday saying I wasn't meeting performance standards. I worked there for 2 years in retail and never had any formal write-ups, just some verbal warnings about being late a few times. Now I'm worried about filing for unemployment because I keep hearing mixed things about whether you can get benefits if you were fired. Does anyone know if NYS Department of Labor will automatically deny my claim since I was terminated? I really need these benefits while I look for another job.
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Isabella Santos
Being fired doesn't automatically disqualify you from unemployment benefits in New York. NYS Department of Labor looks at whether you were terminated for misconduct or just poor performance. If it was performance issues without willful misconduct, you should still be eligible. Make sure to file your claim right away and be honest about the circumstances when they ask.
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Malik Davis
•Thank you! That's a relief. What exactly counts as misconduct though? I was never stealing or anything like that, just had trouble with the new computer system they installed.
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Ravi Gupta
ugh this happened to me too, got fired for attendance issues and was terrified about applying. turns out NYS Department of Labor approved my claim after like 3 weeks of adjudication. they said being late wasnt misconduct just poor performance
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Malik Davis
•Did they contact your old employer during the adjudication process? I'm worried my boss might say bad things about me.
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Ravi Gupta
•yeah they called them but its pretty standard, they just ask about the termination reason and whether there were warnings
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GalacticGuru
The key distinction is misconduct vs. poor performance. Misconduct includes things like theft, violence, insubordination, or repeatedly violating company policies after warnings. Poor performance, inability to do the job, or personality conflicts usually don't disqualify you. NYS Department of Labor will review your case during adjudication and may contact your employer to verify the circumstances. File your weekly claims even during adjudication to avoid delays.
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Malik Davis
•This is really helpful. I was definitely struggling with the job requirements but I wasn't doing anything willfully wrong. Should I mention in my application that I tried to improve?
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Freya Pedersen
I had such a nightmare trying to get through to NYS Department of Labor when my claim went into adjudication after being fired. Spent hours on hold just to get disconnected. Finally found this service called Claimyr that actually got me connected to a real agent in like 15 minutes. Check out claimyr.com - they have a video demo that shows how it works: https://youtu.be/qyftW-mnTNI. Was worth it just to talk to someone who could explain what was happening with my case.
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Malik Davis
•Interesting, never heard of that. Did they charge you a lot to make the call?
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Freya Pedersen
•They focus on getting you connected quickly rather than the cost being an issue. Way better than spending all day redialing NYS Department of Labor.
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Omar Fawaz
Wait I thought if you get fired you can't get unemployment AT ALL??? This is so confusing, why do they make these rules so complicated. I've been putting off filing because I thought there was no point since I got terminated for not meeting sales goals.
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Isabella Santos
•That's a common misconception! You should definitely file. Not meeting sales goals isn't misconduct - that's just performance issues. The worst that happens is they deny it and you can appeal.
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Omar Fawaz
•OMG I've been stressing about money for weeks when I could have filed already! Thank you so much
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Chloe Anderson
been there, got fired from my warehouse job for missing too many days when my car broke down. stressed about it for nothing - NYS Department of Labor approved my benefits after about a month of back and forth
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Emma Davis
I went through something similar when I got fired for performance issues at my old job. The NYS Department of Labor website has a good FAQ section that explains the difference between misconduct and performance termination. From what you described - no formal write-ups and just verbal warnings about tardiness - that sounds more like performance issues than misconduct. File your claim ASAP because there's a waiting period anyway, and you can always appeal if they initially deny it. Don't let fear of denial keep you from applying when you might actually be eligible!
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