NYS Department of Labor filing deadline - how long after getting fired can I file for unemployment?
Got terminated from my retail job last Friday and I'm freaking out about missing some kind of deadline. My manager said I was let go due to 'performance issues' but honestly I think it was because I complained about the schedule changes. Anyway, how long do I have to file with NYS Department of Labor? Is there like a 30 day window or something? I heard different things from coworkers and I don't want to lose my chance at benefits. Also do I need to wait for some paperwork from my employer first or can I just go ahead and file online?
11 comments
Join the conversation
Ava Williams
You should file as soon as possible! There's no specific deadline like 30 days, but there's a one-week waiting period before benefits start, so every day you delay costs you money. You can file online at my.ny.gov right now - you don't need to wait for any paperwork from your employer. NYS Department of Labor will contact them directly to verify your employment and reason for separation.
0 coins
Zainab Mahmoud
•Thanks! So I can literally file today even though I just got fired Friday? That seems too easy lol
0 coins
Raj Gupta
File immediately. I waited 2 weeks after my layoff thinking I needed my final paystub and it was a mistake - those two weeks I couldn't get back. The NYS Department of Labor system will walk you through everything and you can always update information later if needed. The key is getting your claim date established.
0 coins
Lena Müller
•This is so true, I made the same mistake and regretted it
0 coins
TechNinja
I had a similar situation where I got fired and was worried about filing too quickly. Turns out I was overthinking it completely. When I finally did file (about a week later), the rep I spoke to said I should have filed the day after I lost my job. If you're having trouble getting through to NYS Department of Labor by phone to ask questions, I actually used this service called Claimyr (claimyr.com) that helped me reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful.
0 coins
Zainab Mahmoud
•Never heard of that service but might check it out if I run into issues. Thanks for the tip!
0 coins
Keisha Thompson
•interesting, is that like a paid service or what?
0 coins
Paolo Bianchi
wait hold on, if you got fired for performance can you even get unemployment?? I thought you had to be laid off not terminated??
0 coins
Ava Williams
•You can still get benefits if you were fired, as long as it wasn't for misconduct. Performance issues usually don't count as misconduct unless it was willful or you refused to follow direct orders. NYS Department of Labor will investigate and make the determination.
0 coins
Zainab Mahmoud
•Yeah that's what I'm hoping, I really don't think it was misconduct, more like they wanted to get rid of me for complaining
0 coins
Yara Assad
Just file ASAP and don't stress about the details. The worst thing that can happen is they deny your claim and you appeal. But sitting around worrying about deadlines is pointless when you could already have money coming in.
0 coins