Can I get NYS Department of Labor unemployment benefits if fired for performance issues?
Got terminated last week from my marketing coordinator job after 8 months. My supervisor said it was due to 'performance not meeting expectations' but I never received any formal write-ups or performance improvement plans. They just called me into HR one day and said it wasn't working out. I'm confused about whether I can file for unemployment benefits with NYS Department of Labor since it wasn't my fault I got fired. Has anyone dealt with this kind of situation before? What are my chances of getting approved?
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Javier Mendoza
Performance issues don't automatically disqualify you from unemployment benefits. NYS Department of Labor distinguishes between misconduct and simple inability to perform the job. If you were trying to do your best but just couldn't meet the standards, that's usually not considered misconduct. The key is whether you were willfully violating company policies or just struggling with job requirements.
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AstroAdventurer
•That's helpful to know. I was definitely trying my best, just had trouble with the sales quotas. Should I mention that when I file my claim?
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Dylan Mitchell
You should definitely file for unemployment benefits. Being fired for performance issues doesn't automatically disqualify you from UI benefits in New York. The key question is whether your termination constitutes 'misconduct' under NYS Department of Labor guidelines. Poor performance due to inability or lack of skill is generally not considered misconduct, especially if you were trying to do your job properly.
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Fatima Al-Suwaidi
•That's reassuring to hear. I was definitely trying my best, just struggled with some of the software they used. Should I mention that in my application?
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Emma Wilson
You should absolutely file your claim right away. The worst they can do is deny it, but performance terminations often get approved for UI benefits. Make sure you document that you received no formal disciplinary actions and were making good faith efforts to improve. NYS Department of Labor will contact your employer to get their side, but lack of progressive discipline usually works in your favor.
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Malik Davis
•This is so true! I got fired for similar reasons last year and my claim was approved after about 3 weeks of adjudication.
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Isabella Santos
ugh the whole system is so confusing though. like what if they claim it was misconduct even if you think it was just performance? does NYS Department of Labor automatically believe the employer or do they actually investigate??
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Javier Mendoza
•They investigate both sides. You'll have a chance to provide your version of events during the adjudication process. Document everything you can remember about the termination meeting and any performance discussions.
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Sofia Morales
File immediately! I was in a similar situation two years ago - fired for 'not being a good fit' after 6 months. NYS Department of Labor approved my claim because they determined it wasn't willful misconduct. The employer has to prove you deliberately violated company policy or were grossly negligent. Just being bad at your job isn't enough to deny benefits.
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Dmitry Popov
•How long did your adjudication take? I'm worried about how long I'll have to wait for a decision.
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Sofia Morales
•Mine took about 3 weeks for the initial determination. If your employer contests it, which they might, it could take longer and you might need a hearing.
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Ravi Gupta
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after a similar situation. Spent weeks trying to call during their business hours. Finally 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 showing how it works. Made the whole process so much easier than sitting on hold for hours.
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AstroAdventurer
•How much does something like that cost? I'm already worried about money with being unemployed.
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Ravi Gupta
•It was worth it for me just to get answers quickly instead of stressing for weeks wondering about my claim. Much better than the endless busy signals I was getting.
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GalacticGuru
File immediately and don't let them intimidate you. Companies try to fight these claims all the time but pure performance issues rarely hold up as misconduct. As long as you weren't stealing or showing up drunk or something obvious like that, you've got a good shot.
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Ava Garcia
ugh the whole system is so confusing! I got fired last month for attendance issues (was late a few times due to childcare problems) and my claim is STILL in adjudication. Been calling NYS Department of Labor for weeks but can never get through to an actual person. So frustrating when you need answers and they just leave you hanging!!
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Dylan Mitchell
•Attendance issues can be trickier than performance issues because they might be considered within your control. But if you had legitimate reasons like childcare, definitely appeal if you get denied.
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Freya Pedersen
same thing happened to my brother in law, he got approved eventually but it took forever because of adjudication
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StarSailor}
I was having the same problem reaching NYS Department of Labor by phone until someone told me about Claimyr. It's a service that calls the unemployment office for you and gets you connected to an actual agent. I used it last month when my claim was stuck and finally got through to someone who could explain what was happening. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration!
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Fatima Al-Suwaidi
•That sounds helpful but is it legit? I'm nervous about giving out my information to a third party service.
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StarSailor}
•Yeah it's legitimate. They don't need your personal info, they just dial the number for you and transfer the call when they get through. I was skeptical too but it actually worked.
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Miguel Silva
Most performance-related terminations qualify for unemployment unless there was serious misconduct involved. Make sure to emphasize in your application that you were doing your best and following company policies. Document everything you can remember about your employment and termination.
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Zainab Ismail
same thing happened to my cousin last year and she got approved no problem. just took forever because of all the adjudication backlog
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Sofia Torres
I went through something similar about 6 months ago - got let go for "not meeting performance standards" even though I was genuinely trying my best. The whole process felt really unfair since they never gave me proper feedback or a chance to improve. I filed for unemployment benefits right away and got approved after about 4 weeks of waiting. NYS Department of Labor really does look at whether you were willfully doing something wrong versus just struggling with the job requirements. In my case, they determined it wasn't misconduct since I was following all the rules and putting in effort. My advice is to file immediately and be honest about the circumstances - don't let them scare you out of applying for benefits you're entitled to. The worst case is they deny it and you can appeal, but performance issues alone usually don't disqualify you.
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