Who pays unemployment benefits when you get fired - NYS Department of Labor question
I just got terminated from my job yesterday and I'm trying to understand how unemployment works. When you get fired, who actually pays the unemployment benefits? Is it my former employer or does it come from somewhere else? I'm worried my old boss might try to block my claim since he was pretty angry when he let me go. Also wondering if getting fired affects my eligibility compared to being laid off. This is my first time dealing with unemployment in New York so I'm pretty confused about the whole process.
13 comments


Dmitry Petrov
Your unemployment benefits are paid by the NYS Department of Labor using funds from unemployment insurance taxes that employers pay into the system. Your former employer doesn't directly pay your weekly benefits. However, they can contest your claim if they believe you were fired for misconduct. Being fired doesn't automatically disqualify you - it depends on the reason. If you were fired for poor performance or downsizing, you'll likely qualify. If you were fired for willful misconduct or violation of company policy, that could be grounds for disqualification.
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Sofia Gutierrez
•That's really helpful, thank you! I was fired for not meeting sales targets, not for anything like stealing or being late. Sounds like I should be okay then?
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StarSurfer
The system works like insurance - employers pay premiums (unemployment insurance taxes) and when employees become unemployed through no fault of their own, the state pays benefits from that fund. Your employer's UI tax rate can go up if they have a lot of former employees collecting benefits, which is why some employers fight claims even when they shouldn't. File your claim online at my.ny.gov and be honest about why you were terminated. The NYS Department of Labor will investigate if your employer contests it.
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Ava Martinez
•This is exactly right. I got fired last year and my employer tried to say it was misconduct but I appealed and won because it was really about performance issues.
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Miguel Castro
wait so the employer doesn't pay anything?? that seems weird i thought they had to pay when they fired someone
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Dmitry Petrov
•They do pay, but not directly to you. They pay unemployment insurance taxes to the state throughout the year, similar to how you pay into Social Security. The state then uses those funds to pay benefits to eligible unemployed workers.
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Zainab Abdulrahman
I had such a hard time getting through to NYS Department of Labor when my employer contested my claim after I got fired. Spent weeks calling and never got through. Finally found this service called Claimyr (claimyr.com) that helped me reach an actual agent to explain my situation. There's even a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my claim approved quickly instead of waiting in adjudication limbo.
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Sofia Gutierrez
•How much does something like that cost? I'm already worried about money.
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Zainab Abdulrahman
•It was worth it for me to avoid the stress of calling hundreds of times. The peace of mind knowing I could actually talk to someone about my case was huge.
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Connor Byrne
Been through this before. The key thing is how you describe why you were fired when you file your claim. Be factual but don't admit to anything that could be considered misconduct. If they say 'poor performance' that's usually not disqualifying. But if they claim you violated policy or were insubordinate, that's when it gets tricky.
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Sofia Gutierrez
•Good point. They said I wasn't meeting sales quotas which is true, but I was trying my best. I'll stick to that when I file.
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Yara Elias
ugh the whole system is so stressful when you're already dealing with losing your job
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NebulaNinja
•I totally get that feeling. When I went through this last year, the uncertainty was almost worse than losing the job itself. Just remember that unemployment benefits exist for exactly this reason - you've been paying into the system through your work, so don't feel bad about using it when you need it. Focus on filing your claim as soon as possible since there can be a waiting period. You've got this!
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