NYS Department of Labor unemployment filing timeline after being fired - when can you file?
Got terminated from my job last Friday and I'm trying to figure out the timing for filing my unemployment claim with NYS Department of Labor. My supervisor said it was due to performance issues but I think it was really because I complained about unsafe working conditions. Can I file right away or do I need to wait? I heard conflicting things about waiting periods after being fired vs laid off. Also worried they might challenge my claim since it was termination for cause. Anyone know the actual rules for when you can file for unemployment after being fired in NY?
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Giovanni Rossi
You can file immediately! There's no waiting period to submit your initial unemployment claim with NYS Department of Labor after being fired. The key is to file as soon as possible because your benefit week starts the week you file, not the week you lost your job. Whether you get approved depends on the reason for termination - performance issues might not disqualify you, but gross misconduct would. File online at my.ny.gov and let NYS Department of Labor make the determination.
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Fatima Al-Rashid
•Thanks! Should I mention the safety complaint in my application or just stick to what they put on my termination paperwork?
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Aaliyah Jackson
same thing happened to me last year, filed the day after I got fired and it was fine. they might put your claim in adjudication if your employer contests it but you should still file right away
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Fatima Al-Rashid
•How long did adjudication take for you? I'm really worried about paying my bills if this drags on.
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Aaliyah Jackson
•took like 3 weeks but I eventually got approved and they paid me retroactive from when I first filed
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KylieRose
File immediately but be prepared for your employer to challenge the claim. When NYS Department of Labor contacts you during the adjudication process, be honest about the circumstances. If you were fired for performance rather than willful misconduct, you should qualify. Keep documentation of your safety complaints - that could actually help your case if they try to claim you were fired for cause when it was really retaliation.
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Fatima Al-Rashid
•I do have emails about the safety issues I raised. Should I upload those with my initial application or wait until they ask?
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KylieRose
•Wait until they ask during adjudication. Too much documentation upfront can slow down initial processing. But definitely keep everything organized and ready.
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Miguel Hernández
I had trouble getting through to NYS Department of Labor when my claim went into adjudication after being fired. Tried calling for weeks with no luck. Finally used this service called Claimyr (claimyr.com) that gets you connected to an actual agent - there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Got through the same day and was able to explain my situation properly. Might be worth looking into if you run into phone issues.
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Sasha Ivanov
•Never heard of that service but the phone system is definitely impossible. How much does it cost?
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Miguel Hernández
•They focus on getting you connected rather than the cost aspect. For me it was worth it to actually speak with someone who could review my case instead of being stuck in phone limbo.
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Liam Murphy
File NOW! Don't wait even one day. I made that mistake and lost a whole week of benefits because I thought I needed to wait or something. The NYS Department of Labor system is set up so your benefit year starts when you file, not when you lost your job. Even if they deny you initially, you can appeal and still get paid retroactively from your filing date.
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Amara Okafor
ugh the whole system is so confusing when you get fired vs laid off. i thought there was some kind of penalty period but i guess not? definitely file asap like everyone said
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