I'm a former HR professional and can confirm that termination while on FMLA leave is a major red flag for potential retaliation. NYS Department of Labor will absolutely investigate this - they have specific protocols for reviewing terminations that occur during protected leave periods. The "restructuring" excuse is common but won't hold up if they can't prove it was legitimate business necessity unrelated to your FMLA status. File your claim immediately and be sure to include: 1) Your FMLA approval documentation, 2) The exact dates of your leave, 3) Your termination notice with the stated reason, and 4) Any performance reviews showing you were in good standing. If they had legitimate restructuring reasons, they should have documentation from before your leave started. Don't be intimidated - you have strong protections here and deserve those benefits after 4 years of employment!

I work as a paralegal specializing in employment law and see cases like this regularly. What you're describing sounds like textbook FMLA retaliation, especially given the timing and your clean employment record. Here's what I'd recommend: 1) File your unemployment claim TODAY - don't wait, as delays can complicate things, 2) Request a copy of your personnel file immediately (you have the right to this in NY), 3) Document everything - dates, who told you about the termination, exact words used, 4) If you have any coworkers who can attest to the company's financial health before your leave, get their contact info. The burden is on your employer to prove the restructuring was legitimate and not pretextual. NYS Department of Labor has seen this pattern many times and they're pretty good at spotting fake restructuring claims. Also consider filing a complaint with the Department of Labor's Division of Human Rights if you suspect FMLA retaliation - you can pursue both unemployment benefits AND a retaliation claim simultaneously. Don't let them bully you out of benefits you've earned!

Similar thing happened to me except it was after I used all my sick time for COVID. Got fired two weeks later for 'not being a team player' whatever that means. Filed anyway and got approved after they investigated. The employer tried to contest but couldn't prove actual misconduct.

This is definitely worth pursuing - the timing after your FMLA return is highly suspicious and could indicate retaliation, which is illegal. When you file your unemployment claim, be very detailed about the timeline: when you took FMLA, when you returned, and exactly when they terminated you. Also mention that your previous performance reviews were positive. NYS Department of Labor takes potential FMLA retaliation seriously during their investigation. Even if your employer contests the claim saying it was for "performance issues," the burden will be on them to prove it was legitimate misconduct and not related to your protected leave. Keep copies of everything and don't let them intimidate you - you have rights here.

I'm experiencing this exact same issue right now! I've been trying for almost a week to upload my ID verification and wage statements, and the my.ny.gov system keeps failing. This thread is incredibly helpful - I had no idea about all these specific technical requirements. I'm definitely going to try the systematic approach everyone's recommending: Chrome browser in incognito mode, compress everything to under 500KB, simple file names without spaces, upload during the 6-7 AM window, and wait at least 2 minutes between attempts. It's absolutely mind-boggling that such a basic government function requires this level of troubleshooting, but I'm so grateful this community exists to share real solutions. The official help documentation is completely useless compared to all the detailed advice here. Going to set my alarm early tomorrow and work through these steps methodically. Really hoping this works because I'm worried about my claim getting delayed over these technical glitches!

I'm going through this exact same nightmare! Been stuck for 5 days trying to upload my separation paperwork and it's driving me crazy. Thank you everyone for sharing such detailed solutions - this is way more helpful than anything on the official NYS site. I'm going to try the full systematic approach tomorrow: Chrome incognito mode, compress files to 300-400KB range, super simple file names like "separation.pdf", upload at 6 AM sharp, and force myself to wait 2 full minutes between attempts even though it'll be torture. Also going to switch to ethernet instead of WiFi for stability. It's absolutely insane that uploading basic documents requires a PhD in troubleshooting, but at least now I have hope instead of just banging my head against the wall. Really appreciate this community for figuring out what actually works when the official system is so broken!

Hey Felicity! I totally understand that panic - I missed my certification last month when I was dealing with a family crisis and my brain was just completely scattered. That moment of realization is absolutely awful, especially when you're already stressed about everything else. The good news is you're definitely not out of luck! You can still certify for the missed week through your NY DOL account. When you log in, look for "Weekly Certification" or "Claim Weekly Benefits" - there should be an option to select previous weeks. Sometimes it's not super obvious where to find it, so you might need to click around the interface a bit. You typically have until Saturday night to certify for the previous week, so you still have time! Your payment will be delayed by a few days, but you won't lose the benefits entirely - which was my biggest fear when it happened to me. If you can't find the option online or run into any glitches, calling is your backup plan. The hold times are terrible, but they can help you certify over the phone once you get through. After you get this sorted out, definitely set up some kind of backup reminder system! I learned my lesson and now have multiple phone alarms plus a note taped to my bathroom mirror. Sounds overkill but it works when your brain is in survival mode. Don't beat yourself up about this - we're all juggling so much right now and one missed day doesn't ruin everything. You've got this! 💙

Hey Felicity! I can absolutely relate to that panic feeling - I missed my certification about 6 weeks ago when I was going through some health issues and just completely blanked on the deadline. That sinking feeling when you realize what happened is honestly the worst, especially when you're already dealing with so much stress. But here's the thing - you're definitely not out of luck! I was able to backdate my certification through the NY DOL website. When you log in, look for "Weekly Certification" or "Claim Weekly Benefits" and there should be a dropdown to select previous weeks. Sometimes the interface is a bit wonky and you have to hunt around for it, but it's there! You typically have until Saturday to certify for the missed week, so you've still got some breathing room. Your payment will be delayed by a few days compared to your normal schedule, but you won't lose that week's benefits entirely - which was honestly my biggest fear when it happened to me. If you run into any issues with the website or can't find the right option, calling is worth it despite the brutal hold times. The reps I've talked to have been pretty understanding since this happens way more than you'd think. After you get this sorted, definitely set up some backup reminders! I now have a Sunday phone alarm AND I put a sticky note on my steering wheel because apparently one reminder wasn't cutting it for my stressed-out brain 😅 Don't be too hard on yourself about this - unemployment is overwhelming enough without having to be perfect with every single deadline. You're going to get through this! 💜

I'm currently going through a very similar situation and this entire discussion has been incredibly valuable! I've been at my sales job for about 4 months and just received my second performance warning for not hitting monthly targets. Like many others here, I was under the impression that any termination related to performance would automatically disqualify me from unemployment benefits. Learning about the distinction between poor performance and willful misconduct has been such a relief - it makes total sense that the system would differentiate between someone genuinely struggling to meet expectations versus someone who's deliberately not doing their job. I've been putting in extra hours, attending optional training sessions, and regularly asking my manager for feedback, but the numbers just aren't improving despite my best efforts. Reading all these success stories gives me confidence that if things don't work out, I won't be left completely without support. I'm definitely taking everyone's advice about documentation seriously - starting today I'm keeping copies of all performance reviews, training certificates, and email communications with management. Thank you all for sharing your experiences so openly - it's made what felt like an impossible situation seem much more manageable!

I'm in almost the exact same situation right now - 7 months at my first retail job out of college and just got my final warning for not meeting sales quotas despite genuinely trying everything I can think of. This whole thread has been absolutely incredible to find! I had completely convinced myself that getting fired for performance issues would leave me ineligible for any benefits whatsoever. Learning about the distinction between poor performance and willful misconduct has honestly been life-changing for my stress levels. Like so many others here, I've been staying late, asking for extra coaching, watching training videos on my own time - but the numbers just aren't improving no matter what I do. Reading all these success stories from people who got their unemployment claims approved after similar terminations gives me so much hope that I'm not completely screwed if this doesn't work out. I'm definitely taking everyone's documentation advice to heart and starting a folder today with all my performance reviews, training certificates, and feedback emails. Thank you all for being so open about your experiences - knowing there's a whole community of people who understand this struggle and that there are safety nets available has made this feel so much less overwhelming!