Can I collect unemployment if I get fired for poor performance in NY?
So I just got terminated yesterday from my job at a retail chain. My manager said it was due to poor performance - basically I wasn't meeting sales targets and had some customer complaints. I've been there for about 8 months and this is my first time being fired from anything. I'm really stressed about money and wondering if I can even apply for unemployment benefits through NYS Department of Labor? I've heard that getting fired means you can't collect but I'm not sure if that's always true. Has anyone been in a similar situation with performance issues?
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Malik Davis
You can definitely still file for unemployment benefits even if you were terminated for performance reasons. NYS Department of Labor distinguishes between misconduct and poor performance. Poor performance usually means you were trying to do the job but couldn't meet expectations, which typically doesn't disqualify you from UI benefits. However, your employer might contest the claim, so be prepared to explain your side during the adjudication process if that happens.
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Emma Wilson
•Thank you! That makes me feel a bit better. What exactly happens during adjudication? Should I be worried about that part?
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Isabella Santos
File ASAP! I got fired for similar reasons last year and got approved for benefits. The key is being honest on your application about why you were terminated. Don't try to lie or hide anything because your employer will report their version too.
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Ravi Gupta
The difference is important here - if you were fired for willful misconduct (like stealing, fighting, consistently showing up late after warnings) that's different from performance issues. Sales targets and customer service skills are things you might struggle with even while trying your best. Make sure when you file your claim that you explain you were attempting to meet expectations but couldn't achieve the required performance levels.
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GalacticGuru
•This is really helpful. I was wondering about this too because I got written up a few times but it was always about not hitting numbers, not about my attitude or anything like that.
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Freya Pedersen
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after being fired. Spent hours on hold just to get hung up on. Eventually found this service called Claimyr at claimyr.com that helped me get connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to reach someone about my adjudication.
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Emma Wilson
•Thanks for sharing that! I'll definitely keep that in mind if I run into issues reaching them.
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Omar Fawaz
ugh the whole system is so confusing, why can't they just make it simple to know if you qualify or not instead of all this adjudication stuff
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Chloe Anderson
Same thing happened to my brother - he couldn't keep up with the quotas at his call center job and got let go. He filed for unemployment and it took about 3 weeks to get approved. The employer didn't even contest it because they knew it was just a performance thing, not misconduct.
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Chloe Taylor
I'm in a similar situation right now - got let go from my warehouse job last month for not meeting productivity targets. I was really nervous about applying but decided to file anyway. The process was actually pretty straightforward online, and I got approved within about 2 weeks. The key thing I learned is to be completely honest about what happened and emphasize that you were trying your best to do the job. Don't let the fear of being denied stop you from filing - you have nothing to lose by applying and everything to gain if you're approved. Good luck!
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Luca Esposito
•Thanks for sharing your experience! It's really encouraging to hear from someone who went through something so similar. I was definitely letting fear hold me back from filing, but you're absolutely right - there's no downside to applying. I'm going to submit my application today and just be completely honest about the performance issues. It helps knowing that being upfront about it actually worked in your favor. Did you have to do anything special during the application process or just fill out the standard forms?
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