Will I get unemployment if I get fired from my job in New York?
My supervisor has been writing me up for minor things and I'm pretty sure they're trying to build a case to fire me. If I do get terminated, will I still be eligible for unemployment benefits through NYS Department of Labor? I've been working at this company for 2 years and never had any major issues before this new manager started. I'm really worried about being able to pay my bills if I lose my job. Does anyone know how the process works when you get fired versus quitting?
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Gael Robinson
Yes, you can generally get unemployment if you're fired, unless it's for misconduct. NYS Department of Labor will look at the reason for termination. Minor performance issues or personality conflicts with a supervisor usually don't disqualify you. However, if they fire you for things like theft, violence, or willful misconduct, that could make you ineligible. When you file your claim, be honest about the circumstances but emphasize that you were trying to do your job properly.
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Summer Green
•That's reassuring, thank you. The write-ups are all for things like being 3 minutes late or not following some new procedure exactly right. Nothing serious like theft or anything.
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Edward McBride
i got fired last year for attendance and still got unemployment. took like 3 weeks to get approved though because they had to do some investigation thing. just make sure you file right away even if you think they might fight it
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Summer Green
•Good to know! Did you have to provide any documentation or just explain what happened when you filed?
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Edward McBride
•they asked for details about why i was fired but i didnt need to upload anything. the employer can contest it though so be prepared for that
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Darcy Moore
The key thing is whether it's misconduct or not. NYS Department of Labor defines misconduct pretty narrowly - it has to be deliberate or willful violation of company policy. Poor performance, inability to meet unrealistic expectations, or conflicts with management usually don't count as misconduct. If your employer contests your claim, you'll go through adjudication where they review all the evidence. Keep any documentation you have about the write-ups and your attempts to improve.
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Summer Green
•I've been keeping copies of everything and documenting when I try to follow their feedback. Hopefully that helps if they contest it.
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Dana Doyle
Had a similar situation where I couldn't get through to NYS Department of Labor for weeks when my claim went into adjudication after being fired. Super frustrating when you need answers. I ended up using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Was way easier than sitting on hold for hours just to get hung up on.
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Summer Green
•How much does something like that cost? I'm already worried about money if I lose my job.
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Dana Doyle
•I thought it was worth it to actually talk to someone who could explain what was happening with my claim instead of just waiting and wondering. The peace of mind was huge.
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Liam Duke
ugh the whole system is so stressful when you're already dealing with job loss. hoping it works out for you!
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Manny Lark
Just want to add - even if you do get fired and they contest your unemployment, you can appeal their decision if NYS Department of Labor initially denies you. I've seen people win appeals even when the initial decision went against them. The appeals process gives you a chance to present your side more thoroughly.
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Summer Green
•That's good to know there are options if the first decision doesn't go my way. Thanks for all the helpful information everyone!
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