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You should be fine honestly. I've seen way worse cases get approved by NYS Department of Labor. As long as you weren't stealing or fighting with customers or something crazy like that, poor performance alone rarely disqualifies someone from benefits.
I was in a similar situation last year - got terminated from a warehouse job for not meeting picking rates after about 6 months. Like you, I had verbal warnings but no formal write-ups or improvement plans. I filed for unemployment immediately and was approved within about 10 days. The key thing is that NYS Department of Labor looks at whether you were willfully not performing versus just struggling to meet expectations. Since you were trying but couldn't hit the quotas, that's not misconduct. My advice is to file ASAP and be completely honest about the reason for termination. Don't try to sugar-coat it - just explain that you were terminated for not meeting production standards despite your efforts. The waiting can be stressful but most performance-related terminations get approved. Good luck!
Just wanted to add that if you're dealing with a busy interview schedule like the original poster, you can also certify online from your phone using the mobile site. I've done this between interviews when I couldn't get to a computer. The mobile interface is pretty straightforward and saves you from missing deadlines when life gets hectic. Good luck with the job search!
Just went through this mess myself. Took 9 weeks total but eventually got approved with back pay for all the weeks I certified. The waiting was horrible but stick with it. Document every call attempt and screenshot everything in your account. If you do end up needing legal help later, having records helps.
I'm going through something similar right now - 6 weeks in adjudication with no updates. The stress is unreal when you're trying to pay rent and bills. I've found that calling right when they open at 8am gives you the best chance of getting through, though it's still a nightmare. Also, if you have any documentation from when you first filed (like separation papers from your employer), make sure you have copies ready because sometimes they ask for stuff again even if you already submitted it. Hang in there - from what I've seen in this community, most people eventually get approved with back pay, it just takes way longer than it should.
Just wanted to say hang in there! The waiting is the worst part but once it gets approved the backpay should cover from when you first filed. Make sure you keep filing your weekly claims even while it's pending.
I went through this exact same situation a few months ago with my claim. The 10 business day rule is generally accurate, but I'd recommend calling the Department of Labor if you can get through after day 10 just to confirm your claim status. In my case, it took about 12 business days for the system to automatically update and show approved, even though my employer never responded. The restaurant industry layoffs are usually pretty cut and dry since there's clear documentation of reduced hours/business. Keep doing those weekly certifications like you mentioned - that's super important to get your full backpay once it's approved!
Yara Campbell
THE WHOLE SYSTEM IS RIGGED!!! Big corporations have lawyers on speed dial to fight every single claim. Meanwhile we're stuck waiting months for a decision while they drag it out hoping we'll give up. I'm on week 8 of adjudication because my former employer keeps submitting more 'evidence' to delay everything.
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Isaac Wright
•I feel your frustration but that's not always true. My brother won his case against Home Depot last year after they contested it.
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Sean Flanagan
I work in HR at a mid-size company and can confirm that many large employers do contest unemployment claims as a standard practice to protect their unemployment insurance rates. However, if you were terminated for reporting safety violations, that could actually strengthen your case since retaliation for safety complaints is prohibited under OSHA. Document everything - the safety issues you reported, when you reported them, who you reported to, and the timeline of your termination. NYS DOL adjudicators do consider whether the termination was retaliatory. Two weeks isn't unusually long for adjudication when there's a contest, but stay on top of submitting any requested documentation promptly.
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