NYS Department of Labor unemployment if i get fired - what happens to my claim?
My manager has been giving me impossible deadlines and writing me up for stuff that's not my fault. I'm pretty sure they're trying to push me out. If they fire me, can I still get unemployment benefits through NYS Department of Labor? I've been working at this retail job for 8 months and really need the income if this goes south. Someone told me getting fired means you can't get UI but that doesn't sound right? What's the actual rule here?
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Jamal Edwards
You can absolutely get unemployment if you're fired, as long as it's not for misconduct. NYS Department of Labor looks at whether you were fired for something serious like stealing, fighting, or repeatedly violating company policy. Being fired for poor performance or not meeting unrealistic expectations usually qualifies you for benefits. When you file your claim, they'll investigate the reason for termination and make a determination.
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ThunderBolt7
•That's really helpful to know! So even if they say I wasn't meeting standards, I should still apply?
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Mei Chen
Yes definitely file right away if you get terminated. I got fired from my warehouse job last year for 'performance issues' (aka they wanted to hire their friend's kid) and NYS Department of Labor approved my claim after a brief adjudication period. Just make sure you document everything - save any emails about the impossible deadlines, write down dates of unfair treatment, etc. You'll need this if your employer tries to fight the claim.
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Liam O'Sullivan
•This is so important! I learned the hard way that employers sometimes lie on the separation notice to avoid paying into the unemployment fund.
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Amara Okonkwo
Been dealing with NYS Department of Labor phone lines being IMPOSSIBLE to get through lately. If you need to reach them about your claim status or if there are any issues, I found this service called Claimyr (claimyr.com) that actually gets you connected to a real agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on when my claim went into adjudication.
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ThunderBolt7
•How much does something like that cost? I'm already worried about money if I lose my job.
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Amara Okonkwo
•They focus on the value of actually reaching someone rather than the cost. When you're dealing with rent and bills, getting through to resolve claim issues quickly is worth it.
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Giovanni Marino
wait so if they fire me for being late can i still get unemployment?? ive been late a few times because the bus is always delayed but my boss acts like its a crime
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Jamal Edwards
•Attendance issues can be tricky. If it's a few isolated incidents due to transportation problems, you might still qualify. But if there's a pattern of chronic lateness that you were warned about multiple times, NYS Department of Labor might consider that misconduct. It really depends on the specific circumstances and your employer's documentation.
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Fatima Al-Sayed
I'm going through something similar right now. Filed my claim 2 weeks ago and it's stuck in adjudication while they investigate the separation. My old boss is probably telling them I was a terrible employee when really they just wanted to cut costs. It's so stressful not knowing if I'll get approved.
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Mei Chen
•Hang in there! The adjudication process is nerve-wracking but they're pretty fair about it. Make sure you check your my.ny.gov account regularly for any requests for additional information.
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Dylan Hughes
The whole system is rigged against workers anyway. Even if you do everything right, employers will find ways to contest your claim just to be vindictive. NYS Department of Labor should automatically approve anyone who gets fired unless there's CLEAR evidence of misconduct, not put us through these lengthy investigations.
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Liam O'Sullivan
•I mean, I get the frustration but they do have to investigate to prevent fraud. The process just needs to be faster.
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