NYS Department of Labor unemployment benefits after termination - if you were fired can you get unemployment?
Lost my job at a retail store last week after working there for almost two years. My manager said I was being terminated for poor performance but honestly I think it was because I complained about scheduling issues. Never been fired before and I'm really stressed about money. I keep reading different things online about whether you can collect unemployment if you were fired. Does anyone know how NYS Department of Labor handles this? I'm worried they'll automatically deny my claim because of the termination.
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Liam Brown
You can definitely apply for unemployment benefits even if you were fired, but it depends on the reason for termination. NYS Department of Labor distinguishes between being fired for misconduct versus being fired for poor performance or other non-misconduct reasons. If you were terminated for performance issues (not willful misconduct), you should still be eligible. The key is whether your actions were deliberate violations of company policy or just inability to meet job requirements.
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Emma Johnson
•That's helpful to know! So poor performance wouldn't automatically disqualify me? I was never written up for misconduct, just told my sales numbers weren't meeting expectations.
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Olivia Garcia
yeah i got fired from my last job too and still got benefits. took forever though because they had to do some investigation thing called adjudication. nysdol contacted my old employer to verify what happened
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Emma Johnson
•How long did the adjudication take? I'm already behind on rent and can't afford to wait months for an answer.
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Olivia Garcia
•mine took like 6 weeks but ive heard it can be longer depending on how backed up they are
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Noah Lee
File your claim immediately regardless of the termination reason. When you file online, you'll need to explain the circumstances of your job separation. Be honest about what happened - don't try to hide that you were fired, but explain your side of the story. NYS Department of Labor will investigate by contacting your former employer and may schedule a fact-finding interview with you. If they determine the firing wasn't for misconduct, you'll be approved for benefits.
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Ava Hernandez
•What counts as misconduct exactly? I got fired for being late too many times but it was because of childcare issues, not because I didn't care about the job.
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Noah Lee
•Misconduct typically involves willful or deliberate violations like theft, harassment, or repeatedly ignoring direct orders. Chronic tardiness can be tricky - if you had legitimate reasons and tried to address the issue with your employer, that might not be considered misconduct. Each case is evaluated individually.
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Isabella Martin
I had such a hard time getting through to anyone at NYS Department of Labor when I got fired last year. Kept calling and calling but could never reach a real person to ask questions about my claim status. Finally found this service called Claimyr (claimyr.com) that helps you get through to unemployment agents. They have this video demo that shows exactly how it works: https://youtu.be/qyftW-mnTNI. Saved me weeks of frustration trying to get answers about my adjudication.
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Elijah Jackson
•Never heard of that before but might be worth checking out. I've been trying to call NYS Department of Labor for days with no luck.
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Sophia Miller
•Honestly anything is better than sitting on hold for hours just to get disconnected. The unemployment phone system is absolutely broken.
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Sophia Miller
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They make it impossible to get benefits even when you deserve them. Employers can lie about why they fired you and NYS Department of Labor just believes whatever they say. I got denied because my boss claimed I was stealing when all I did was take some expired food from the break room that was going to be thrown out anyway.
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Liam Brown
•If you believe your former employer provided false information, you have the right to appeal the decision. You can request an appeal hearing where you'll have the opportunity to present your side of the story and any evidence you have.
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Mason Davis
Just wanted to say good luck with your claim! Being fired is stressful enough without worrying about whether you'll be able to pay bills. At least unemployment exists to help people in situations like this.
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Maria Gonzalez
I went through something similar when I got terminated from my office job about 8 months ago. The key thing is to apply right away and be completely honest about what happened. When NYS Department of Labor asks about the reason for separation, explain that you were told it was for performance but you believe it may have been retaliation for raising legitimate workplace concerns. Document everything you can remember about the scheduling complaints you made and when you made them. Even if the adjudication process takes a while, you want to get your claim date established as early as possible since benefits are calculated from when you first file, not when they approve it. Don't let the termination discourage you from applying - plenty of people who were fired still qualify for benefits.
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Austin Leonard
•This is really solid advice, especially about documenting the scheduling complaints. @Maria Gonzalez - when you mentioned documenting everything, did you keep any emails or texts about the workplace issues you raised? I m'kicking myself because I mostly complained verbally to my manager about the scheduling problems. I m'wondering if I should try to write down dates and details of those conversations while they re'still fresh in my memory before I file my claim.
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Steven Adams
•@Austin Leonard Yes, definitely write down everything you can remember while it s'fresh! Even if you don t'have written documentation, your testimony about the verbal complaints can still be valuable during the adjudication process. Include dates even (approximate ones ,)who you spoke to, what specific scheduling issues you raised, and how management responded. I didn t'have much written documentation either, but I created a timeline of events that helped me explain my situation clearly when they interviewed me. The fact that you re'thinking about this proactively shows you re'taking the right approach.
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