


Ask the community...
I went through something very similar when I worked at a clothing store. Got fired for repeated register shortages and tardiness issues - basically the same performance problems you mentioned. I was terrified they'd deny my claim, but NYS Department of Labor approved it without any issues. The key thing is that genuine mistakes and performance issues are treated differently than intentional misconduct. Your employer will likely receive a form asking why you were terminated, but as long as it wasn't willful violation of company policy or dishonesty, you should be fine. Don't let the fear stop you from applying - you've paid into the system and deserve those benefits when you need them!
Thank you so much for sharing your experience! That's exactly what I was worried about - the register shortages and tardiness sound just like my situation. Did your employer try to contest your claim at all, or did they just accept the Department of Labor's decision? I'm hoping my retail job won't make it difficult since it sounds like they have a pretty clear case that it was performance issues rather than anything intentional.
@Amina Diop My employer actually didn t'contest it at all! They just filled out the separation form stating it was for performance reasons, and that was it. I think most employers know the difference between firing someone for genuine performance issues versus misconduct, so they don t'waste time fighting claims they know they ll'lose. Just make sure when you file that you re'honest about the circumstances - mention the inventory mistakes and tardiness, but emphasize that it wasn t'intentional or willful misconduct. The Department of Labor really does understand that sometimes people just aren t'a good fit for a particular job, and that shouldn t'disqualify you from benefits you ve'earned.
I work in HR and deal with unemployment claims regularly. What you're describing - inventory mistakes and occasional tardiness - typically falls under "unsatisfactory performance" rather than "misconduct" in NYS. The Department of Labor usually only denies benefits for things like theft, insubordination, violating safety rules, or repeated policy violations after clear warnings. Performance issues, even when well-documented by your employer, generally don't disqualify you. File your claim as soon as possible and be honest about the reasons for termination. Even if your employer provides all their documentation, it will likely support your case since it shows performance issues rather than willful misconduct.
Hey Zara! I went through something similar when I was making about $590/week at my previous job. Just wanted to share a few practical tips that helped me: First, gather all your pay stubs from the past year before you even think you might need to file - NYS likes documentation and it speeds up the process. Second, if you do get laid off, consider setting up direct deposit right away since paper checks can take longer. Also, don't forget that you can work part-time while collecting benefits as long as you report it properly - this might help bridge the gap between your $268-ish weekly benefit and your $1200 rent. The earnings you can make without affecting benefits changes, so definitely ask about that when you file. One last thing - start networking now if possible, because the 3 weekly job search activities go by faster when you have a plan. Best of luck with everything!
@Mae Bennett this is exactly the kind of practical advice I needed! I hadn t'even thought about the direct deposit setup or the part-time work option while collecting benefits. That could definitely help close the gap between the ~$270 weekly benefit and my monthly expenses. The tip about gathering pay stubs now is really smart too - I ll'start organizing all my documentation this weekend just in case. Do you happen to remember what the earnings limit was for part-time work? I m'wondering if I could pick up some gig work or retail hours to supplement without losing benefits.
I'm in a really similar situation - working retail and making about $580/week with potential layoffs coming up. This thread has been incredibly helpful! Based on what everyone's sharing, it sounds like I should expect around $250-270 per week in benefits. I'm definitely going to start gathering my pay stubs and documentation now like @Mae Bennett suggested. One thing I'm wondering about - has anyone dealt with seasonal employment affecting their base period calculation? I worked part-time retail last holiday season before getting my current full-time position, so I'm not sure how that factors into the quarterly earnings they look at. Also really appreciate the tip about Claimyr - the thought of trying to reach NYS Department of Labor by phone sounds like a nightmare!
Don't forget about SNAP benefits (food stamps) - you can apply online and if you qualify you might get benefits within a week. Also if you have kids there are additional programs available. The stress is real but you'll get through this, just take it one week at a time.
I went through this exact situation last year and it was terrifying. A few things that really helped me survive those first weeks: plasma donation if you're eligible (can make $50-100/week), task-based apps like TaskRabbit or Instacart for quick cash, and don't be ashamed to reach out to local mutual aid groups on Facebook - they often help with groceries and small bills no questions asked. Also, if you're behind on rent, contact your landlord immediately and explain the situation - many will work with you if you're proactive about communicating rather than just disappearing. The anxiety is overwhelming but you're doing everything right by filing your claims on time. This phase won't last forever even though it feels endless right now.
Make sure you keep documentation of the job offer and your refusal with the reasons why. When you do your weekly claim certification, there might be a question about job offers - just be honest about it. The fact that it requires relocation with your family situation should protect your benefits. You're still required to actively search for suitable work in your area though.
I went through something very similar when I was on unemployment benefits. A job offer that requires a 5-hour relocation from NYC to Rochester definitely falls outside the "suitable work" requirements, especially with your circumstances. The NYS Department of Labor considers factors like commuting distance, family obligations (like kids in school), and caregiving responsibilities (your elderly mom). Document everything - save the job offer email, write down your reasons for declining, and when you file your weekly claim, answer honestly if asked about job offers. You should be completely fine continuing your benefits as long as you keep actively searching for work in your local area.
This is really helpful, thank you! I was so stressed about this whole situation. Just to clarify - when you say "document everything," should I also keep records of other job applications I'm submitting in my area? I want to make sure I'm covering all my bases in case they ask for proof that I'm still actively job searching locally.
Ben Cooper
I was in a similar boat when I got laid off from my accounting firm two years ago. The 26 weeks is definitely accurate, and just to add to what others have said - make sure you understand that your benefit year starts from when you first file, not when you get approved. So even though you filed last week, your 52-week benefit year clock started ticking then. During those 52 weeks, you can collect up to 26 weeks of benefits. Also, since you mentioned you're 34 and this is your first time with UI, don't forget that you might be eligible for other programs too like SNAP benefits if your unemployment payments don't cover all your expenses. The manufacturing background should actually help you in your job search - there's decent demand in that sector right now. Keep your head up, the system can be confusing but you'll figure it out!
0 coins
Kai Santiago
•@Ben Cooper Thanks for that clarification about the benefit year starting from when I filed - I didn t'realize that distinction! That s'really important to know. I appreciate the tip about potentially being eligible for other programs like SNAP too. I hadn t'even thought about that but you re'right that it might help bridge any gaps. It s'encouraging to hear that manufacturing jobs are in decent demand right now. I m'trying to stay optimistic but after 8 years at one place, the job market feels pretty different than when I was last looking. Did you find the transition from your accounting background challenging when you were searching? Any advice on how to best present long tenure at one company as a positive rather than making me seem inflexible to potential employers?
0 coins
Sebastian Scott
I'm going through this exact same situation right now! Got laid off from my tech job about a month ago and was super confused about the benefit duration too. Everyone here is correct - it's 26 weeks maximum in New York with no current federal extensions. Just wanted to add that the NYS DOL mobile app is actually pretty helpful for tracking your benefits and doing your weekly certifications. It's way easier than trying to use their website on a phone. Also, since you mentioned manufacturing background, I've been seeing quite a few manufacturing job postings on Indeed and LinkedIn recently, especially for skilled positions. With your 8 years of experience, you should definitely highlight that stability and any specialized skills you picked up. The job search requirement thing is real though - I keep a simple spreadsheet with company name, position, date applied, and how I applied (online, email, etc.). Makes it easy if they ever ask for records. Hang in there, we'll both get through this!
0 coins