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Sadie Benitez

NYS Department of Labor unemployment benefits - can you get paid if you get fired from your job?

I'm really worried about my job situation right now and need to know if I can collect unemployment if I get fired. My manager has been giving me a hard time and I'm pretty sure they're trying to build a case to let me go. I work in retail and have been there for 8 months. If they fire me, will NYS Department of Labor approve my claim or do they deny you if you get fired? I've heard mixed things from coworkers and I'm stressing about how I'll pay rent if this happens.

Drew Hathaway

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It depends on WHY you get fired. NYS Department of Labor will approve your claim if you're fired for reasons beyond your control - like poor performance, not being a good fit, or company downsizing. But if you're fired for misconduct (like stealing, not showing up, or violating company policy), then you'll be disqualified. The key is whether your employer can prove you did something intentionally wrong.

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Sadie Benitez

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That's a relief! I haven't done anything wrong, my manager just doesn't like me. I show up on time and do my job. Thank you for explaining that.

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Laila Prince

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yeah i got fired from my last job and still got unemployment. they said i wasn't meeting sales goals but i tried my best so nys department of labor approved it. took like 2 weeks to get approved

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Isabel Vega

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The unemployment system distinguishes between being fired 'for cause' versus being terminated for other reasons. If your employer contests your claim, NYS Department of Labor will investigate and potentially schedule a hearing. Make sure you document everything - save any emails, write down incidents with dates and times. If they're building a case against you, you should be building your defense too.

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This is exactly what happened to me! My old boss tried to say I was fired for attendance issues but I had documentation showing all my sick days were approved. NYS Department of Labor sided with me after the hearing.

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Marilyn Dixon

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Getting through to NYS Department of Labor by phone is nearly impossible these days. I spent weeks trying to get answers about my claim status. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real person at NYS Department of Labor within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much stress when I was dealing with my adjudication issue.

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Sadie Benitez

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Good to know about that service in case I need help reaching them. Hopefully my claim goes smoothly if it comes to that.

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The NYS Department of Labor unemployment system is such a NIGHTMARE!! Even if you qualify they make you jump through so many hoops. You have to file weekly claims, do job searches, report any income. And don't get me started on how long adjudication takes when employers fight your claim!

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Drew Hathaway

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I understand the frustration, but the job search requirement and weekly claims are federal requirements, not just NYS Department of Labor rules. Most legitimate claims do get approved eventually, even if there's an initial contest from the employer.

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TommyKapitz

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been there! got canned from my warehouse job last year but got benefits no problem. just make sure u file right away cuz there's a waiting period

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