What can you get fired for and still collect unemployment - NYS Department of Labor rules?
I'm trying to understand the NYS Department of Labor rules about what types of termination still let you collect unemployment benefits. My friend got fired last week for being late too many times and thinks they can't file for UI, but I've heard you can sometimes still get benefits even when you're fired. What are the actual rules? I want to make sure I understand before something happens to me at my job.
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Daryl Bright
The key is whether you were fired for 'misconduct' or not. NYS Department of Labor defines misconduct pretty narrowly - it has to be willful or deliberate violation of employer rules. Being late repeatedly might count, but it depends on if your employer warned you and gave you chances to improve. Poor performance or inability to do the job usually doesn't count as misconduct.
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Natalie Khan
•So if someone gets multiple warnings about tardiness and keeps being late anyway, that would probably be misconduct?
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Sienna Gomez
I got fired for attendance issues two years ago and still got my benefits approved after adjudication. The NYS Department of Labor looks at whether you had a good reason for the behavior and if the employer followed proper progressive discipline. In my case, I had documented transportation problems and my employer never gave me a formal written warning.
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Kirsuktow DarkBlade
•How long did the adjudication take? I'm in a similar situation and worried about the delay.
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Sienna Gomez
•About 3 weeks back then. Make sure you file your weekly claims even during adjudication or you'll lose those weeks.
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Abigail bergen
wait so you CAN get unemployment if you're fired?? I thought you had to quit or get laid off to qualify
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Daryl Bright
•Yes, being fired doesn't automatically disqualify you. Only misconduct disqualifies you. There's a big difference between being fired for poor performance vs being fired for stealing or fighting.
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Ahooker-Equator
If you're having trouble reaching someone at NYS Department of Labor to discuss your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to explain my termination circumstances during my adjudication.
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Natalie Khan
•Did they charge you for that? I've been trying to call for days but can never get through.
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Ahooker-Equator
•There is a fee but it was worth it to actually talk to someone who could look at my case. Much better than sitting on hold for hours.
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Anderson Prospero
The whole system is a joke anyway. They make you jump through hoops even when your employer fires you for no good reason. I got terminated for 'not being a good fit' after 6 months and had to fight for benefits because they claimed it was performance related.
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Daryl Bright
•That sounds frustrating, but 'not being a good fit' usually isn't misconduct unless there were specific policy violations. Did you appeal their initial decision?
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Tyrone Hill
I think the general rule is theft, violence, or deliberate rule breaking = no benefits. Everything else is case by case during adjudication.
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