Will you get unemployment benefits if you get fired from your job in New York?
I might be getting fired from my retail job next week and I'm freaking out about whether I'll qualify for unemployment benefits. My manager has been writing me up for small things and I think they're building a case to terminate me. If I get fired will NYS Department of Labor approve my claim or do they automatically deny people who got fired? I really need the income while I look for another job but I don't want to waste time filing if fired employees can't get benefits.
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Chloe Robinson
You can absolutely get unemployment if you're fired, but it depends on the reason. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control - like poor performance, not meeting expectations, or company downsizing. However, if you're fired for misconduct (like stealing, fighting, excessive absences without excuse), then you'll likely be disqualified. The key is whether it was willful misconduct or just not being a good fit for the job.
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Omar Hassan
•That's reassuring! The write-ups are mostly for things like being 5 minutes late occasionally or not upselling enough. Nothing serious like stealing or being rude to customers.
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Diego Chavez
i got fired last year for performance issues and NYS Department of Labor approved my claim no problem. just make sure you file right away after termination because there's a waiting period
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Omar Hassan
•How long did it take for your claim to get processed? I'm worried about the gap in income.
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Diego Chavez
•took about 3 weeks but i had to do a phone interview because my employer contested it initially
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NeonNebula
The real issue will be if your employer fights your claim. Retail managers love to claim 'misconduct' even for minor performance issues. When you get terminated, ask for the termination letter in writing and document everything. If NYS Department of Labor puts your claim in adjudication, you'll need to explain your side of the story. Keep records of any employee handbook policies they claim you violated.
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Omar Hassan
•Should I be documenting things now before I potentially get fired? Like keeping copies of my schedule and the write-ups?
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NeonNebula
•Absolutely. Take photos of your work schedule, any written warnings, employee handbook sections about attendance policies. If they fire you for tardiness, you want to show it wasn't willful misconduct but maybe unrealistic scheduling.
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Anastasia Kozlov
I had a nightmare trying to reach NYS Department of Labor when my employer contested my claim after being fired. Spent weeks calling and never got through. Finally used this service called Claimyr (claimyr.com) that connects you directly to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Got through to an actual person within hours and got my claim resolved. Way better than sitting on hold forever.
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Sean Kelly
•How much does something like that cost though? If you're unemployed money is already tight.
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Anastasia Kozlov
•It's worth checking out their site for details. For me it was way better than losing weeks of benefits because I couldn't reach anyone to explain my situation.
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Zara Mirza
THE SYSTEM IS RIGGED AGAINST WORKERS! I got fired for 'performance' which was really just my supervisor not liking me and NYS Department of Labor STILL made me jump through hoops for 6 weeks. They'll side with employers every time unless you have a lawyer. Don't get your hopes up that this will be easy even if you did nothing wrong!!!
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Luca Russo
•That sounds terrible but every case is different. Most people I know who got fired for non-misconduct reasons got approved eventually.
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