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Diego Fernández

NYS Department of Labor unemployment application timing after termination - when can I apply?

Got let go from my retail job yesterday and I'm trying to figure out the timing for filing my unemployment claim. My manager said it was due to performance issues but I think they were just cutting staff before the holidays. Can I apply for unemployment benefits right away through NYS Department of Labor or do I need to wait a certain period? I've never been fired before so I'm not sure how this works with the application process.

You can file your unemployment claim immediately - there's no waiting period to apply. Go to labor.ny.gov and start your application as soon as possible. The sooner you file, the sooner your claim can be processed. Even if you were terminated for cause, NYS Department of Labor will investigate and make a determination about your eligibility.

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Thanks! I wasn't sure if being fired meant I had to wait or something. Should I mention the performance issues they cited or just say I was laid off?

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File immediately and be honest about the circumstances. NYS Department of Labor will contact your employer to verify the reason for separation anyway. If they fired you for performance rather than misconduct, you'll likely still qualify for benefits. The key is whether it was willful misconduct or just not being a good fit for the job.

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This is important - don't lie on your application because they will find out. I made that mistake years ago and it delayed my whole claim.

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ugh the whole system is frustrating when you get fired. I waited like 2 weeks to apply thinking I needed to get my paperwork together first and that was a mistake. Just apply now and deal with any adjudication later

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What do you mean by adjudication? Is that something I should expect?

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Adjudication is when NYS Department of Labor needs to investigate the circumstances of your separation. It can add 2-4 weeks to the process but it's pretty routine for terminations.

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I had trouble getting through to NYS Department of Labor when my claim went into adjudication after being fired. Spent hours on hold trying to check my status. Finally found this service called Claimyr that helped me get through to an actual agent - you can check it out at claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of frustration trying to reach someone.

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How much does something like that cost? I'm already worried about money.

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It was worth it for me to get answers quickly rather than spending days trying to call. The peace of mind was valuable when I was already stressed about being terminated.

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Just apply online right away! The worst thing that can happen is they deny you and then you can appeal. But if you don't apply you definitely won't get anything. I got approved even after being fired for attendance issues so don't assume you won't qualify.

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