Terminated from job - can I still file for NYS Department of Labor unemployment benefits?
Got let go from my warehouse job last Friday and honestly not sure if I can even apply for unemployment since I was fired. My supervisor said it was due to attendance issues but I had to miss work because my kid was sick and daycare wouldn't take him. I've been working there for almost 2 years and never had problems before this. Does anyone know if you can still get unemployment benefits through NYS Department of Labor if you were terminated? I really need the income while I look for something new.
13 comments


Isabella Russo
Yes, you can absolutely file for unemployment even if you were fired! The key is whether it was for 'misconduct' or not. Missing work for sick child care usually isn't considered misconduct. When you file your claim with NYS Department of Labor, be honest about the reason for termination but explain your circumstances. They'll review your case during adjudication and make a determination.
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ApolloJackson
•That's a relief! I was worried they'd automatically deny me. How long does the adjudication process usually take?
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Rajiv Kumar
same thing happened to me got fired for being late too many times but still got approved for UI benefits took like 3 weeks tho
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Aria Washington
File immediately online at my.ny.gov - don't wait. Even if there's an issue, you want your claim date to start as early as possible. During the application, they'll ask about your separation reason. Be truthful but focus on the childcare emergency aspect. NYS Department of Labor understands that family emergencies can cause attendance issues and that's typically not considered willful misconduct.
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ApolloJackson
•Already started the application! Should I mention that daycare policies prevented me from bringing my sick child?
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Aria Washington
•Absolutely mention that - it shows your absences were due to circumstances beyond your control, not willful misconduct.
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Liam O'Reilly
I'm dealing with something similar but my employer is saying I was fired for poor performance. Does that count as misconduct? I'm so stressed about getting denied and not being able to pay rent next month.
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Isabella Russo
•Poor performance usually isn't misconduct unless it was willful or negligent. File anyway and let NYS Department of Labor make the determination during adjudication.
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Chloe Delgado
I had trouble reaching NYS Department of Labor when my claim went into adjudication for a firing issue. Kept getting busy signals and the online messaging system was useless. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent who could check my status. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made a huge difference in getting my case resolved quickly.
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ApolloJackson
•How much does something like that cost? I'm already tight on money.
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Chloe Delgado
•It's worth checking out their site for details. For me it was better than spending weeks trying to get through on my own and not knowing what was happening with my claim.
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Ava Harris
good luck with that the whole system is rigged against workers anyway
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Jacob Lee
Hope it works out for you! The waiting is the worst part but at least you can file right away.
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