NYS Department of Labor unemployment denial after being fired - can you be denied unemployment if you are fired?
I got terminated from my warehouse job last Friday for what they called 'performance issues' but I think it was really because I questioned some safety protocols. My supervisor had been writing me up for minor things over the past month. Now I'm worried about filing for unemployment - can you be denied unemployment if you are fired? I heard conflicting things from coworkers about whether NYS Department of Labor will approve benefits if you were terminated rather than laid off. The whole situation feels unfair and I really need these benefits to pay rent while I look for another job. Has anyone dealt with this before?
13 comments
Join the conversation
Emma Bianchi
Being fired doesn't automatically disqualify you from unemployment benefits in New York. The NYS Department of Labor will review the circumstances of your termination during adjudication. If you were fired for misconduct (like theft, violence, or willful violations of company policy), then you'd likely be denied. But if it was for performance issues, attendance problems that weren't willful, or general unsatisfactory work, you can still qualify. The key is whether your actions were deliberate misconduct versus just not meeting expectations.
0 coins
Mia Green
•That's really helpful, thank you! The performance issues they cited were mostly about meeting quotas that I felt were unrealistic given the safety concerns I raised. I never had any disciplinary action for misconduct or anything like that, just these productivity write-ups.
0 coins
Lucas Kowalski
Yeah I was fired from my retail job for being late too many times and still got approved for UI benefits. It took about 3 weeks for them to make a decision during adjudication but they ruled in my favor. Just be honest on your application about why you were terminated and let NYS Department of Labor decide.
0 coins
Olivia Martinez
•wait really?? i thought if you got fired you couldnt get unemployment at all. this is good to know because my manager has been giving me a hard time lately
0 coins
Charlie Yang
The fact that you were questioning safety protocols actually works in your favor here. NYS Department of Labor considers it misconduct to fire someone for raising legitimate workplace safety concerns. When you file your weekly claim, make sure to mention that the performance issues started after you raised safety concerns. You might want to document everything you can remember about the timeline. If they initially deny your claim, definitely appeal it because you have a strong case.
0 coins
Mia Green
•I didn't think about the safety angle being important for the unemployment claim. I do have some text messages to my coworker about the safety issues from before the write-ups started. Should I keep those handy?
0 coins
Charlie Yang
•Absolutely keep those texts! Any documentation that shows the timeline of you raising safety concerns versus when the disciplinary actions started will be valuable if you need to appeal or if they request more information during adjudication.
0 coins
Grace Patel
Ugh the whole system is so frustrating! I've been trying to get through to someone at NYS Department of Labor for weeks about my claim status and can never reach anyone. The phone lines are always busy and when I do get through I get disconnected. Last time I spent 4 hours on hold for nothing! How is anyone supposed to get help when you can't even talk to a real person??
0 coins
ApolloJackson
•I had the same problem until someone told me about this service called Claimyr (claimyr.com). They basically get you through to an actual NYS Department of Labor agent without all the waiting and getting hung up on. I was skeptical at first but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through to someone within 20 minutes and finally got my claim status sorted out. Might be worth checking out if you're having phone issues.
0 coins
Grace Patel
•Never heard of that but honestly at this point I'm willing to try anything. The regular phone system is absolutely useless.
0 coins
Isabella Russo
just file and see what happens, worst case they say no and you appeal it. i got fired from like 3 different jobs and got unemployment each time lol. as long as you werent stealing or fighting or whatever they usually approve it eventually
0 coins
Emma Bianchi
To directly answer your original question - yes, you can be denied unemployment if you're fired, but only under specific circumstances. NYS Department of Labor uses the legal standard of 'misconduct' which has to be willful and work-related. Performance issues, especially when you were raising legitimate safety concerns, typically don't meet that standard. File your claim as soon as possible and be completely honest about the circumstances. The adjudication process will determine if your termination qualifies as misconduct.
0 coins
Manny Lark
I went through something similar last year when I got fired from my manufacturing job. The key thing is to file your claim right away - don't wait because there's a waiting period anyway. When they ask why you were terminated, be honest but focus on the facts: performance issues related to quotas, and that you had raised safety concerns. The NYS Department of Labor will contact both you and your former employer to get both sides of the story. Since you mention the write-ups started after you questioned safety protocols, that timeline could actually work in your favor. Even if they initially deny your claim, you have the right to appeal and present your case to a hearing officer. Don't let the fear of denial stop you from applying - you need those benefits and you may have a stronger case than you think.
0 coins