Can I collect unemployment if I get fired during my probation period in NY?
I just started a new job at a manufacturing company three weeks ago and I'm still in my 90-day probation period. Yesterday my supervisor told me that things aren't working out and they're letting me go at the end of this week. I've never been fired during probation before and I'm not sure if this affects my ability to file for unemployment benefits with NYS Department of Labor. Does being terminated during probation automatically disqualify you from UI benefits? I really need to know because I have rent due next month and no other income lined up.
25 comments


Mohammed Khan
Being fired during probation doesn't automatically disqualify you from unemployment benefits in New York. What matters is the reason for termination. If they're letting you go for performance issues or saying you're not a good fit, that's typically not considered misconduct and you should be eligible. However, if you were fired for something like attendance issues, theft, or violating company policy, that could be considered misconduct and might disqualify you.
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Ella Russell
•They just said I wasn't picking up the processes fast enough and it wasn't a good match. Nothing about misconduct or policy violations. Should I file right away?
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Gavin King
You should definitely file your claim as soon as possible after your last day of work. The NYS Department of Labor will review your case and make a determination based on the circumstances. Since you mentioned it was about not picking up processes quickly enough, that sounds like a performance issue rather than misconduct. Make sure to be honest about the reason for termination when you file your weekly claims. The employer might contest it, but you have the right to appeal if they deny your claim initially.
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Nathan Kim
•This happened to me last year during my probation at a retail job. They said I wasn't fast enough on the register. NYS Department of Labor approved my claim after about 2 weeks of adjudication.
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Eleanor Foster
ugh the probation period firing thing is so frustrating!! companies use it as an excuse to get rid of people without consequences. but yeah you should still be able to get unemployment unless they claim you did something really bad
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Lucas Turner
I had trouble getting through to NYS Department of Labor when I needed to check on my claim status after a similar situation. If you run into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals and hold time when I needed answers about my adjudication.
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Ella Russell
•Thanks, I'll keep that in mind if I have trouble getting through. Hopefully the process goes smoothly but good to have backup options.
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PrinceJoe
I work in HR and deal with unemployment claims regularly. The key thing to remember is that being terminated during probation is actually pretty common and doesn't automatically disqualify you from benefits. Since your employer cited performance/fit issues rather than misconduct, you should be in good shape. When you file your claim, be clear and honest about what happened - "terminated during probation period for not learning job duties quickly enough" or similar. Keep any documentation you have about the termination (emails, termination letter, etc.) in case the employer contests your claim. File as soon as possible after your last day to avoid any delays in benefit processing.
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Ashley Simian
•This is really helpful advice! I'm relieved to hear that probation terminations are common and don't automatically disqualify you. I do have the email from my supervisor explaining the termination, so I'll definitely keep that handy. One quick question - when you say "file as soon as possible after your last day," do you mean I should wait until after my actual last day of work or can I file before then? My last day is this Friday.
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Ava Martinez
•@PrinceJoe You should wait until after your last day of work to file your initial claim. NYS Department of Labor requires that you be actually unemployed before you can start collecting benefits. However, you can start gathering all your paperwork and information now so you're ready to file first thing after your last day. Make sure you have your Social Security number, driver's license, employment history for the past 18 months, and that termination email ready to go. The sooner you file after becoming unemployed, the sooner your benefit year can start.
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CosmicVoyager
I went through something very similar when I was let go during my probation period at a warehouse job about 6 months ago. The anxiety about whether you'll qualify for benefits is totally understandable, but based on what you've described, you should be fine. Performance-related terminations during probation are generally not considered misconduct by NYS DOL. When I filed my claim, I was honest about being terminated for "not meeting performance expectations during probation period" and my benefits were approved without any issues. The employer didn't even contest it. Make sure to file your weekly certifications on time and keep looking for work while you're collecting. Hang in there - this setback doesn't define you and you'll find something better!
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Raúl Mora
•Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through the exact same situation. The anxiety is definitely real - losing a job during probation makes you feel like you failed somehow, but you're right that it doesn't define me. I appreciate the reminder about filing weekly certifications on time and continuing the job search. Did you find that employers asked about the probation period termination during interviews, and if so, how did you handle explaining it?
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Chloe Zhang
•@CosmicVoyager A few employers did ask about it during interviews, but I found that being straightforward and brief worked best. I would say something like "The role ended up not being the right fit during the probation period - they needed someone who could learn their specific processes more quickly than I was able to at the time." Then I'd pivot to what I learned from the experience and how it helped me identify what type of work environment suits me better. Most hiring managers understood since probation periods exist for exactly that reason - to see if it's a mutual fit. The key is not to badmouth the previous employer and to show you've reflected on the experience positively.
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Eva St. Cyr
I'm sorry to hear about your situation, but the good news is that being terminated during probation for performance reasons typically doesn't disqualify you from unemployment benefits in NY. Since your supervisor specifically said you weren't picking up processes fast enough rather than citing misconduct, you should be eligible. I'd recommend filing your claim immediately after your last day of work - don't wait! Make sure to keep that conversation with your supervisor documented if possible, and be completely honest when filling out your application about the reason for termination. The NYS DOL will investigate and make a determination, but performance-related terminations during probation are generally approved. Also, remember that even if your former employer contests the claim (which they might), you have the right to appeal. Stay positive and start your job search right away since you'll need to show you're actively looking for work to maintain eligibility.
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Ravi Kapoor
•Thanks for the detailed advice! This whole situation has been so stressful, but hearing from everyone here is really helping me understand that this isn't as catastrophic as I initially thought. You're absolutely right about filing immediately after my last day - I was worried about rushing into it, but it sounds like timing is important for getting benefits started. I definitely plan to document everything from that conversation with my supervisor, and I'm glad to know that even if they contest it, I can appeal. The job search part is actually what I'm most nervous about now - having to explain this termination to potential employers. But I guess being honest and focusing on what I learned is the way to go. Really appreciate everyone sharing their experiences and advice!
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Kara Yoshida
I went through a very similar situation about a year ago when I was let go from a customer service job during my 60-day probation period. They said I wasn't meeting their call volume expectations, which honestly felt devastating at the time. But I want to reassure you that you should absolutely be eligible for unemployment benefits based on what you've described. Performance-related terminations during probation are not considered misconduct under NY law. When I filed my claim, I was completely honest about being terminated for "not meeting performance standards during probation" and my benefits were approved within about 10 days. My former employer didn't even contest it. The most important thing is to file your claim the Monday after your last day of work - don't delay! And remember, this is exactly what unemployment insurance is designed for - helping people who lose their jobs through no fault of their own while they search for new employment. You've got this!
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Aiden O'Connor
•@Kara Yoshida Thank you so much for sharing your experience! It s'incredibly reassuring to hear from someone who went through almost the exact same thing. The call volume expectations situation sounds really similar to my manufacturing processes issue. I was starting to spiral thinking this would ruin my chances at benefits, but hearing that yours were approved so quickly gives me hope. I really appreciate the reminder that this is what unemployment insurance exists for - sometimes it s'easy to feel like you re'doing something wrong by filing, but you re'right that this is exactly the situation it s'meant to help with. I ll'definitely file first thing Monday morning after my last day on Friday. Did you find that having been approved for benefits helped at all when explaining the situation to potential employers during your job search?
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Aaron Lee
I'm going through the exact same situation right now - just got let go from my retail job yesterday during my 30-day probation period because they said I wasn't learning the POS system fast enough. Reading everyone's experiences here is giving me so much relief! I was panicking thinking I'd be ineligible for unemployment, but it sounds like performance issues during probation are totally different from misconduct. My manager was actually pretty nice about it and said it just wasn't the right fit, which I guess works in my favor for the UI claim. Planning to file on Monday right after my official last day. Thank you all for sharing your stories - it's helping me realize this isn't the end of the world and these things happen more often than I thought!
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Ava Kim
•@Aaron Lee I m'so sorry you re'going through this too! It s'crazy how similar our situations are - I m'also dealing with being let go for not learning processes quickly enough during probation. The POS system learning curve can be really tough, especially when you re'already stressed about being new. Reading everyone s'responses here has been such a lifesaver for my anxiety levels. It sounds like we re'both in good shape for getting approved since our employers framed it as performance/fit issues rather than misconduct. I m'filing right after my last day on Friday, so we ll'probably be going through the process around the same time. Hang in there - from what everyone is saying, this is way more common than we realized and doesn t'reflect badly on us as employees. Sometimes it s'just not the right match, and that s'okay!
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Paolo Marino
I'm really sorry this happened to you, but from everything I'm reading here, it sounds like you should definitely be eligible for unemployment benefits. Being let go during probation for performance reasons is completely different from being fired for misconduct. The fact that your supervisor specifically said you weren't picking up the processes fast enough actually works in your favor - that's clearly a performance/fit issue, not misconduct. I'd echo what others have said about filing immediately after your last day on Friday. Don't wait! The sooner you file, the sooner your benefit payments can start. Also, keep any documentation about the termination conversation just in case your employer decides to contest the claim later. You mentioned having rent due next month, so time is definitely of the essence here. This is exactly what unemployment insurance exists for - to help people who lose their jobs through no fault of their own while they search for new work. Try not to let this shake your confidence too much. Probation periods exist precisely because sometimes jobs just aren't the right fit, and that's nobody's fault.
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Evelyn Kim
•@Paolo Marino Thanks for the reassurance! This whole thread has been incredibly helpful for understanding that this situation isn t'as rare or devastating as I initially thought. You re'absolutely right about filing immediately - I was hesitant at first thinking maybe I should wait or research more, but everyone here is emphasizing how important timing is for getting benefits started. I do have the email from my supervisor about the termination, so I ll'definitely hang onto that. It s'funny how you mention not letting this shake my confidence because that s'exactly what s'been happening - I ve'been questioning whether I m'just not cut out for work in general. But reading everyone s'experiences is helping me realize that sometimes it really is just about fit, not personal failure. Really appreciate you taking the time to respond with such detailed advice!
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Elliott luviBorBatman
I'm really sorry you're going through this stress, but based on what you've described, you should definitely be eligible for unemployment benefits. Being terminated during probation for performance reasons (like not learning processes quickly enough) is very different from being fired for misconduct. The key distinction is that your supervisor cited job fit and learning speed rather than any policy violations or behavioral issues. I'd strongly recommend filing your claim first thing Monday after your last day on Friday - don't delay because that's when your benefit year can officially start. Make sure to be completely honest on your application about the reason for termination. Keep that email or any documentation from your supervisor about the termination conversation in case your employer contests the claim. Even if they do contest it, you have appeal rights. This is exactly what unemployment insurance is designed for - helping people who lose jobs through no fault of their own. Try not to let this shake your confidence too much - probation periods exist precisely because sometimes jobs aren't the right fit, and that doesn't reflect on your worth as an employee. You've got this!
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Jungleboo Soletrain
•@Elliott luviBorBatman Thank you for such a comprehensive and reassuring response! Reading through all these comments has been like a masterclass in unemployment benefits that I never knew I needed. It s'amazing how consistent everyone s'advice has been about filing immediately after my last day - I m'definitely going to do that Monday morning. I ve'screenshot the email from my supervisor and saved all the documentation just in case. What really strikes me is how many people have emphasized that this doesn t'reflect on my worth as an employee. That s'something I really needed to hear because I ve'been spiraling into self-doubt since yesterday. The fact that probation periods exist for exactly this reason - to determine mutual fit - makes so much sense when you put it that way. I feel much more confident now about both filing for benefits and eventually explaining this situation to future employers. This community has been incredibly supportive during what felt like a crisis yesterday but now feels much more manageable. Thank you all!
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Oliver Wagner
I went through this exact situation about 8 months ago when I was let go from an office job during my probation period for "not adapting to the company culture quickly enough." I was absolutely terrified about filing for unemployment because I thought being fired during probation would automatically disqualify me. But everyone here is absolutely right - performance and fit issues during probation are NOT the same as misconduct, and you should definitely be eligible for benefits. I filed my claim the day after my termination and was approved within about a week with no issues from my former employer. The NYS DOL agent I spoke with even mentioned that probation period terminations for performance reasons are pretty routine and rarely contested. My advice: file immediately after your last day, be completely honest about the circumstances, and don't let this experience make you doubt yourself. I actually found a much better job a few weeks later that was a perfect fit for my skills. Sometimes these "setbacks" are actually redirecting you toward something better. You've got this!
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Pedro Sawyer
•@Oliver Wagner Your story is so encouraging! It s'incredible how similar your experience was to what I m'going through - the not "adapting to company culture reason" sounds just as vague and performance-related as my not "picking up processes fast enough situation." I m'really glad to hear that the NYS DOL agent confirmed that probation period terminations for performance reasons are routine - that takes away so much of my anxiety about the whole process. The fact that you found a much better job just weeks later gives me hope that maybe this really is just a redirection toward something that ll'be a better fit. I love how you framed it as the universe pushing you toward something better rather than just a failure. I m'definitely going to file first thing Monday morning and try to keep that positive perspective. Thank you for sharing your success story - it s'exactly what I needed to hear right now!
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