Should I file for unemployment if I was fired - NYS Department of Labor eligibility question
I got fired from my job last week and I'm not sure if I should even bother filing for unemployment benefits with NYS Department of Labor. My manager said I was let go for performance issues but honestly I think it was because I called out sick too many times when my kid was in the hospital. I've been working there for almost 2 years and never had any written warnings or anything formal. My friend told me that if you get fired you can't get unemployment but I've heard other people say you can still qualify sometimes. Does anyone know how this works with NYS Department of Labor? I really need the income while I look for another job but I don't want to waste time filing if I'm just going to get denied.
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Cedric Chung
You should definitely file! Getting fired doesn't automatically disqualify you from unemployment benefits in New York. NYS Department of Labor looks at whether you were fired for misconduct or just poor performance. If it was performance issues and not willful misconduct, you can still qualify. The worst they can say is no, but you won't know unless you apply. Make sure to explain your side of the story when you file your claim.
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Hailey O'Leary
•Thank you! I was so worried I wouldn't qualify. When I file should I mention that my absences were because of family medical issues?
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Talia Klein
definitely file, i got fired for being late too many times and still got approved. took like 3 weeks but they said it wasnt misconduct just poor performance
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Maxwell St. Laurent
Here's what you need to know about NYS Department of Labor eligibility after being fired: You can qualify if you were terminated for reasons other than misconduct. Performance issues, attendance problems due to legitimate reasons, or personality conflicts usually don't count as misconduct. However, if you were fired for stealing, fighting, or deliberately violating company policy, that would be misconduct and disqualify you. File online at my.ny.gov and be completely honest about why you were terminated. Include any documentation about your child's medical situation if that contributed to your absences.
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PaulineW
•This is really helpful! I had no idea there was a difference between misconduct and performance. What happens if my former employer disputes my claim?
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Maxwell St. Laurent
•If your employer disputes it, NYS Department of Labor will investigate and possibly schedule a hearing. You'll have a chance to present your side with evidence. Keep any medical records or documentation about your child's hospital stays as proof your absences were legitimate.
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Annabel Kimball
I was in a similar situation last year - got fired and thought I couldn't get benefits. Turns out I was stressing for nothing! I had trouble getting through to NYS Department of Labor on the phone though, their lines are always busy. A coworker told me about this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and redialing.
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Hailey O'Leary
•Oh wow I never heard of that service before. Did it actually work for you? I'm dreading having to call if there are any issues with my claim.
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Chris Elmeda
File ASAP! The longer you wait the more money you lose. I made the mistake of waiting two weeks because I thought I wouldn't qualify and that was two weeks of benefits I'll never get back. NYS Department of Labor benefits are retroactive only to when you file your claim, not when you became unemployed.
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Jean Claude
UGH the unemployment system is so confusing! Why don't they just have clear guidelines about this stuff? I've been going back and forth about filing for weeks because I can't figure out if getting fired for missing work means I'm disqualified or not. This whole thing is giving me anxiety.
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Cedric Chung
•I totally get the anxiety but honestly the best thing you can do is just file. NYS Department of Labor will review your case and make the determination. At least then you'll know for sure instead of wondering.
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