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Mateo Gonzalez

NYS Department of Labor unemployment when fired - can I still get benefits?

Got terminated from my warehouse job last Friday and I'm not sure if I can get unemployment benefits. My supervisor said it was for excessive tardiness but I had some legitimate transportation issues that I tried to explain. I've been working there for almost two years and this is my first time dealing with unemployment. Does being fired automatically disqualify you from NYS Department of Labor benefits? I really need to start filing but I'm worried they'll just deny me right away. Has anyone here successfully gotten unemployment after being terminated?

Nia Williams

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Being fired doesn't automatically disqualify you from unemployment benefits in New York. The NYS Department of Labor will investigate whether your termination was for misconduct. If it was for reasons beyond your control or not misconduct, you may still qualify. You should definitely file your claim as soon as possible since benefits are calculated from when you file, not when you were terminated. The worst they can do is say no, but you might be surprised.

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Thanks for the encouragement! I was really worried about wasting my time filing if it was hopeless. I'll start the application tonight.

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Luca Ricci

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The key is whether NYS Department of Labor considers your termination to be for misconduct or not. Tardiness can be tricky - if you had legitimate reasons and tried to communicate with your employer, that works in your favor. During the adjudication process, they'll contact both you and your former employer to get both sides of the story. Make sure you document everything - any emails about your transportation issues, attempts to resolve the problem, etc. You'll need this if they require a phone interview.

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This is exactly what happened to me! I got fired for attendance issues but I had medical documentation. NYS Department of Labor approved my claim after the adjudication period. Definitely file right away.

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I've been trying to reach NYS Department of Labor for weeks about my own adjudication issue. Their phone lines are constantly busy and I keep getting disconnected. Has anyone found a way to actually talk to a real person there? This is so frustrating when you need answers about your claim status.

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Yuki Watanabe

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I had the same problem until someone told me about Claimyr.com - they actually help you get through to NYS Department of Labor agents. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got connected to an agent the same day and finally got my adjudication resolved. Definitely worth checking out if you're stuck in phone hell like I was.

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Interesting, I'll have to look into that. At this point I'm willing to try anything to get through to someone at NYS Department of Labor.

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The unemployment system is so broken! They make it impossible to reach anyone and then wonder why people get frustrated. I got fired from my last job too and it took MONTHS to get approved. Don't get your hopes up that this will be quick or easy.

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Andre Dupont

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Sorry you had such a rough experience but that doesn't mean everyone will. Some claims get processed pretty quickly depending on the circumstances.

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Just wanted to add - make sure you're prepared for the weekly certification process too. You'll need to log your job search activities and report any income. The job search requirement is 3 work search activities per week in NY. Start keeping track of everything now so you're ready when your claim gets approved.

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