Can I claim unemployment if I get fired from my job in New York?

Yes, you can potentially claim unemployment even if you're fired, but it depends on the reason for termination. NYS Department of Labor will approve your claim if you were fired for reasons beyond your control - like poor performance, personality conflicts, or lack of skills. However, you'll be disqualified if you were fired for misconduct, like theft, violence, or repeatedly violating company policies after warnings. The key is whether your employer can prove willful misconduct.

I got fired last year for attendance issues and still got approved for unemployment. NYS Department of Labor said being late occasionally isn't misconduct unless you ignored direct warnings and kept doing it anyway. When you file your claim, be honest about why you were terminated but explain your side of the story. They'll contact your employer to get their version too during the adjudication process.

Just went through this myself. Got fired for 'performance issues' but honestly I think my boss just didn't like me. Filed for unemployment anyway and got approved. The trick is that your employer has to prove misconduct, not just that they fired you. Poor performance usually doesn't count as misconduct unless you were deliberately sabotaging work.

ugh the whole system is so confusing!! I got fired from my last job for being 'difficult' (aka standing up for myself) and it took FOREVER to get through to someone at NYS Department of Labor to explain my situation. Calling their customer service is basically impossible - you'll be on hold for hours just to get disconnected. I actually ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Was way easier than trying to navigate the phone system myself.

definitely file even if you're not sure! worst case scenario they deny you and you can appeal. I thought I wouldn't qualify when I got fired but turns out my employer couldn't prove misconduct so I got benefits. The weekly claim process is pretty straightforward once you're approved.

I went through a similar situation last year when my supervisor started documenting every little thing I did. It felt like they were setting me up to fail. When I eventually got terminated, I was nervous about filing but decided to go for it anyway. The key thing I learned is that NYS Department of Labor looks at the whole picture - they want to know if you were willfully doing something wrong or if it was just a mismatch between you and management. In my case, I was able to show that I was trying to do my job properly and that the issues were more about conflicting management styles than actual misconduct. My advice is to start documenting everything now - save any emails showing you're trying to address concerns, keep records of your work performance, and if you do get terminated, file for unemployment right away. Don't let them intimidate you out of claiming benefits you might be entitled to.

I'm going through something really similar right now - my manager has been nitpicking everything I do and I can feel them building a case against me. It's so stressful not knowing if you'll have income if they decide to let you go. From what everyone's saying here, it sounds like the main thing is whether they can prove you did something deliberately wrong vs just having performance issues or personality conflicts. I'm definitely going to start keeping better documentation of everything like Sophia suggested - emails, performance feedback, any attempts I make to address their concerns. It's good to know that even if you get fired, you still have a shot at unemployment benefits if it wasn't for actual misconduct. Thanks for asking this question, it's helping me feel less anxious about my own situation!

I'm actually dealing with this exact situation right now too. My new manager started about 6 months ago and suddenly everything I do is under a microscope. It's like they're looking for reasons to write me up. What really bothers me is that my performance reviews were always good before this person came along. I've been reading through all these responses and it's giving me some hope that if I do get terminated, I won't automatically be disqualified from unemployment benefits. The documentation advice is really smart - I wish I had started doing that earlier. For anyone else in this boat, I think the main takeaway is that being fired doesn't automatically disqualify you, especially if it's for subjective things like "performance issues" or personality conflicts rather than clear misconduct like stealing or violating safety rules. It sounds like NYS Department of Labor actually investigates these cases pretty thoroughly rather than just rubber-stamping the employer's version of events.

I'm in a really similar situation and this thread has been incredibly helpful! My supervisor has been creating this hostile work environment where I feel like I can't do anything right, even though I've been with the company for 3 years with no major issues. Reading everyone's experiences makes me feel more confident that if I do get terminated, I at least have a fighting chance at getting unemployment benefits. The key seems to be that NYS Department of Labor distinguishes between misconduct (which disqualifies you) and performance issues or personality conflicts (which usually don't). I'm definitely going to start documenting everything now - emails, any feedback I receive, attempts to address concerns, etc. It's reassuring to know that they actually investigate these cases rather than just taking the employer's word. Has anyone here had experience with what specific documentation was most helpful during their adjudication process?

I'm actually going through something very similar right now - my manager has been documenting every minor mistake and I can tell they're building a paper trail. This whole thread has been such a relief to read because I was convinced that getting fired would automatically disqualify me from unemployment benefits. It's really encouraging to see that NYS Department of Labor actually looks at the circumstances rather than just rubber-stamping whatever the employer claims. The documentation advice everyone's giving is spot on - I've started keeping copies of all my emails, especially ones where I'm asking for clarification or showing that I'm trying to address any concerns they raise. It sounds like the key distinction is between genuine misconduct (like theft or deliberate rule violations) versus performance issues or personality conflicts with management. For anyone else dealing with this stress, it seems like the takeaway is to file for benefits even if you're not 100% sure you'll qualify - worst case they deny it and you can appeal, but you might be surprised and get approved on the initial determination.