I've been following this conversation as someone who was in a very similar position about 8 months ago. Got terminated from my first job out of college at a tech startup for not meeting coding productivity benchmarks, despite putting in extra hours and asking for help from senior developers. I was absolutely panicked about filing for unemployment because I thought performance issues would disqualify me. But I filed anyway out of necessity and got approved without any problems - didn't even have to appeal or provide additional documentation. The NYS DOL processed my claim in about 10 days. What really helped my case was that I had email chains showing I was actively seeking feedback and trying to improve, plus documentation of the training sessions I attended. The key thing I learned is that the system really does distinguish between inability to perform and willful misconduct. If you're genuinely trying but struggling with the job requirements, that's not your fault - it's just a mismatch between your current skills and what the position demands. To anyone in this situation: keep detailed records, be honest when you file, and don't let the stress consume you. Most performance-related terminations do qualify for benefits in NY.

I'm currently dealing with this exact situation at my restaurant job - been there for about 5 months and just got my first formal warning for low table turnover rates and customer satisfaction scores. This entire thread has been incredibly eye-opening and honestly such a relief to read! I had been assuming that any performance-related termination would automatically disqualify me from unemployment benefits, but learning about the distinction between poor performance and willful misconduct changes everything. I've been genuinely trying to improve - staying late to practice my service techniques, asking experienced servers for tips, even watching training videos on my own time - but the pace and multitasking required is just overwhelming for me. Reading all these success stories from people who got their claims approved after similar situations gives me so much hope. I'm definitely going to start documenting everything better - saving copies of my performance reviews, keeping notes from manager feedback sessions, and tracking all the extra training I'm doing. It's such a comfort to know there's a support system in place for people who are struggling with job performance despite their best efforts. Thanks to everyone for being so open about their experiences - it really helps to know we're all in this together!

I went through something similar about 8 months ago. Here's what I learned: even if you're past the 30-day appeal deadline, you can still request what's called a "reopening" of your case if you have new evidence or can show good cause for the delay. Since you mentioned being forced out due to impossible working conditions, that could potentially qualify as constructive discharge. Try calling the Telephone Claims Center early in the morning (like 8 AM sharp) - that's when I had the best luck getting through. Also, gather any evidence you can find now - emails, text messages, witness statements, anything that shows the hostile work environment. Don't give up - the system is frustrating but there are still options available to you.

I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a legal aid attorney. First, "good cause" for missing the appeal deadline can include being overwhelmed or not understanding the process - it doesn't have to be just medical issues. Stress and confusion about the system actually do count. Second, text messages from coworkers absolutely can help your case, especially if they witnessed the hostile work environment or can confirm you were pushed out. Even informal documentation is better than nothing. The key is showing a pattern of behavior that made your working conditions intolerable. I'd also suggest looking into whether your area has a legal aid office that helps with unemployment appeals - many offer free consultations and can walk you through the process. Don't lose hope - I've seen people successfully overturn denials even months later when they had good evidence of constructive dismissal.

I'm so sorry to hear about your restaurant closing down - that's really stressful, especially when it comes so suddenly. Just wanted to share that you should definitely qualify for unemployment benefits since this was an involuntary job loss due to business closure. When I helped my friend through a similar situation last year, we learned that it's important to file your claim as soon as possible and be prepared for the initial phone interview they might schedule. They'll ask basic questions about your work history and the circumstances of the job loss. Also, even though your employer is filing for bankruptcy, try to get any final paychecks or documentation if possible, though it won't prevent you from getting benefits if you can't. The whole process can feel overwhelming when you're already dealing with job loss stress, but the community here is really supportive if you have questions along the way!

Hey Connor, really sorry to hear about your restaurant closing - that's never easy, especially when you've been there for 2 years. The good news is that business closure absolutely qualifies you for unemployment benefits in NY. I went through something similar when the boutique I worked at shut down unexpectedly. A few quick tips from my experience: file your claim online ASAP (you can do it the same day you lost your job), have your Social Security number and work history ready, and don't stress too much about having official closure documentation upfront - the state will verify everything during their review process. The whole application took me maybe 30-45 minutes to complete online. Also, start your weekly certifications right away even while your initial claim is being processed. You've got this, and this community is here if you run into any snags with the process!

Same boat here! Got an overpayment notice three weeks ago and still haven't been able to get anyone on the phone to explain what happened. This whole system is such a mess.

I went through this exact situation about 6 months ago with a $3,200 overpayment. Here's what I learned: First, you absolutely have the right to request a hearing to dispute the overpayment if you believe it's wrong - there should be appeal instructions on the back of your notice. Second, even if you can't dispute it successfully, NYS DOL is usually pretty flexible with payment plans. I was able to negotiate a $50/month plan over 5 years. The key is calling them ASAP and being honest about your financial situation. Don't wait - the sooner you contact them, the more options you'll have. Also keep all your documentation from when you were filing claims, you might need it for the appeal process.

wait they can take money from your paycheck?? i thought unemployment was supposed to HELP people not make things worse! this system is so messed up

I went through this exact situation last year. Yes, they can garnish your wages, but you definitely have options before it gets to that point. First, absolutely request a hearing within those 30 days - even if you think you might owe something, the amount could be wrong. I found out my overpayment was calculated incorrectly and got it reduced by $1,200. Also, keep all your documentation from when you were filing - pay stubs, work schedules, anything that shows what you reported. If you do end up owing money, they're usually reasonable about payment plans. Don't ignore this though - that's when they move to more aggressive collection methods.