NYS Department of Labor unemployment benefits after termination - can I still collect?
Just got terminated from my retail job last week and I'm wondering if I can still file for unemployment benefits with NYS Department of Labor. My manager said it was due to performance issues but I feel like I was doing my best given the circumstances. I've been working there for 8 months and this is my first time dealing with unemployment. Do I have any chance of getting approved or does being terminated automatically disqualify me? Really stressed about paying rent next month.
13 comments


Connor Murphy
Yes, you can absolutely apply for unemployment benefits even after being terminated. NYS Department of Labor doesn't automatically disqualify you just because you were fired. The key question is whether you were terminated for misconduct or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job. File your claim right away - you have nothing to lose by applying.
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Zainab Omar
•That's reassuring, thank you! Should I mention the performance issues when I file or just say I was terminated?
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Yara Sayegh
I got fired from my last job for being late too many times and still got unemployment. You need to file your weekly claims and be honest about why you were terminated. NYS Department of Labor will investigate and make a determination. Even if your employer contests it, you can appeal their decision. The worst they can say is no, but you might be surprised.
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NebulaNova
•How long did it take for your claim to get approved after being terminated?
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Yara Sayegh
•About 3 weeks for me, but that was because my employer didn't respond to their inquiry right away.
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Keisha Williams
Ugh I've been trying to call NYS Department of Labor for two weeks about my terminated claim and can never get through! The phone system is impossible. Has anyone found a way to actually talk to a real person there? I'm getting so frustrated with this whole process.
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Connor Murphy
•I had the same problem until someone told me about Claimyr (claimyr.com). They help you get through to NYS Department of Labor agents when you can't reach them yourself. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got connected to an agent the same day and finally got my termination questions answered. Might be worth checking out if you're stuck.
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Keisha Williams
•Thanks! I'll look into that. At this point I'm willing to try anything to get through to them.
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Paolo Conti
same thing happened to me but with attendance issues instead of performance
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Amina Diallo
The NYS Department of Labor system is so broken honestly. They make it impossible to get help and then wonder why people are frustrated. I was terminated 6 months ago and went through the whole appeal process - it's a nightmare but I eventually won. Just be prepared for a fight if your employer contests your claim.
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Zainab Omar
•Did you have to provide any documentation during the appeal process?
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Oliver Schulz
Wait I thought if you get fired you can't get unemployment at all? This is confusing because my friend told me you only get benefits if you get laid off...
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Connor Murphy
•That's a common misconception! You can get unemployment benefits after being terminated as long as it wasn't for misconduct. Layoffs, terminations for performance, and even some firings can qualify you for benefits.
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