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.
8 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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