When can you get unemployment if fired - NYS Department of Labor eligibility rules?
I got terminated from my job last week and I'm trying to figure out if I can even apply for unemployment benefits through NYS Department of Labor. My manager said it was for performance issues but I think it was really because I complained about safety violations. Does anyone know the rules about when you can get unemployment if fired? I heard it depends on the reason but I'm not sure what qualifies. Really stressed about paying rent next month.
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Zoe Kyriakidou
You can definitely get unemployment if fired, but NYS Department of Labor will investigate the circumstances. Performance issues alone usually don't disqualify you unless there was willful misconduct. If you were fired for complaining about safety violations, that could actually be considered wrongful termination. File your claim immediately - you have the right to appeal if they initially deny you.
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AstroAce
•Thanks! Should I mention the safety complaint when I file or just stick to what they put in my termination letter?
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Jamal Brown
same thing happened to my brother, he got fired for being late too many times but still got unemployment. took like 3 weeks to get approved though
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Mei Zhang
The key thing is whether it was misconduct or not. NYS Department of Labor considers things like theft, violence, or deliberate rule violations as misconduct that disqualifies you. Poor performance, personality conflicts, or being a bad fit generally don't disqualify you. Document everything about the safety complaint - that could actually help your case since retaliation is illegal.
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Liam McConnell
•What if they fired you for attendance but you had medical issues? I'm dealing with something similar and can't get through to NYS Department of Labor on the phone.
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Mei Zhang
•Medical issues that caused attendance problems are usually protected. You'd need documentation from your doctor. For the phone issue, I actually found this service called Claimyr that helps you get through to NYS Department of Labor agents - check out claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI. Way easier than trying to call yourself.
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Amara Oluwaseyi
File anyway even if you're not sure! The worst they can say is no and then you can appeal. I thought I wouldn't qualify when I got fired but turned out I was wrong.
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CosmicCaptain
UGH the whole system is so frustrating. They fired me for 'attitude problems' which basically meant I asked too many questions about why we weren't following OSHA guidelines. Took FOREVER to get my benefits approved and had to go through an appeal hearing. But I eventually won because my employer couldn't prove actual misconduct.
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AstroAce
•Did you have to get a lawyer for the hearing or did you represent yourself?
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CosmicCaptain
•I represented myself but prepared really well. Brought all my emails, documentation of the safety issues, and witness statements from coworkers. The hearing officer was pretty fair about it.
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