Terminated from job yesterday - do I qualify for NYS Department of Labor unemployment benefits?
My manager called me into the office yesterday afternoon and said they were letting me go effective immediately. They cited 'performance issues' but I honestly think it was because I complained about unsafe working conditions last month. I've been working there for 8 months as a warehouse associate. Do I still qualify for unemployment benefits through NYS Department of Labor if I was fired? I'm really stressed about paying rent next month and need to know if I should file a claim or start looking for work immediately.
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Diego Mendoza
Yes, you can still get unemployment benefits even if you were fired, but it depends on the reason. NYS Department of Labor will review your case during adjudication. If you were fired for 'misconduct' you might be disqualified, but performance issues or complaining about safety usually don't count as misconduct. File your claim ASAP - you can always appeal if they deny you initially.
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Chloe Harris
•Thank you! Should I mention the safety complaint when I file or just stick to what they officially said about performance?
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Anastasia Popova
i got fired for being late too many times and still got approved after like 3 weeks of adjudication so dont worry too much about it
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Sean Flanagan
•Really? That's encouraging. I'm in a similar situation and was worried they'd automatically deny me.
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Zara Shah
File immediately through my.ny.gov and be completely honest about everything. NYS Department of Labor will contact your employer to get their side of the story anyway. If they fired you for safety complaints, that could actually work in your favor since retaliation isn't considered misconduct. Make sure you have documentation of any safety issues you reported.
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Chloe Harris
•I do have emails about the safety issues! I sent them to HR and my supervisor. Should I upload those when I file my claim?
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Zara Shah
•Keep them ready but you probably won't be able to upload during initial filing. If NYS Department of Labor needs additional documentation during adjudication, they'll tell you how to submit it.
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NebulaNomad
UGH the whole system is so frustrating!!! I've been waiting 2 months for my adjudication to finish and can barely reach anyone at NYS Department of Labor. The phone lines are always busy and when you finally get through they just tell you to wait longer. It's like they WANT people to give up and stop trying to get benefits.
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Luca Ferrari
•I had the same problem with getting through to NYS Department of Labor until someone told me about this service called Claimyr at claimyr.com. They basically call for you and get you connected to an actual agent. I was skeptical at first but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through to someone at NYS Department of Labor within like 20 minutes when I'd been trying for weeks on my own.
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NebulaNomad
•Seriously?? I'm so desperate at this point I'll try anything. The automated system just hangs up on me every time.
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Nia Wilson
Same thing happened to my brother last year except he got fired from a restaurant job. NYS Department of Labor approved his claim after about a month of adjudication. The key is being honest and having your story straight when they interview you.
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