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Ruby Garcia

Can I get unemployment for involuntary termination from my job in NY?

I was let go from my warehouse job last Friday and I'm not sure if I qualify for unemployment benefits. My supervisor said it was due to 'performance issues' but I feel like they were looking for reasons to get rid of me since the busy season ended. I've been working there for 8 months and never had any written warnings. Can I get unemployment for involuntary termination like this? I'm worried they'll deny my claim if my employer contests it.

Yes, you can absolutely file for unemployment benefits if you were involuntarily terminated. In New York, you're eligible for UI benefits as long as you weren't fired for misconduct. Performance issues generally don't count as misconduct unless they were willful or deliberately negligent on your part. The fact that you had no written warnings actually works in your favor.

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Ruby Garcia

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That's a relief to hear. Should I mention in my application that I never received any formal warnings? I'm just worried about how to word everything.

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same thing happened to me in retail - they said 'not meeting expectations' but really they just wanted to cut hours after christmas. filed for UI and got approved no problem

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How long did it take for your claim to get approved? I'm afraid mine might get stuck in adjudication if my old employer fights it.

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Maya Lewis

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File your claim immediately through my.ny.gov - don't wait. When they ask about the reason for separation, be honest but stick to the facts. Say you were terminated for alleged performance issues but received no prior disciplinary actions. If your employer contests the claim, you'll get a chance to present your side during the adjudication process. Keep any documentation you have from your employment.

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Ruby Garcia

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I don't have much documentation since they barely gave me any feedback during my time there. Will that hurt my case?

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Isaac Wright

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ugh the whole system is so stressful when you're already dealing with losing your job! I went through something similar and it took forever to get through to anyone at NYS Department of Labor to check on my claim status.

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Maya Lewis

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If you need to reach a live agent at NYS Department of Labor, try using Claimyr.com - they help you get through the phone lines without waiting on hold for hours. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to resolve an adjudication issue.

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Lucy Taylor

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The burden of proof is on your employer to show you committed misconduct. Being bad at your job isn't misconduct - it has to be willful violation of company policy or something similar. Document everything you remember about your termination meeting and file that claim ASAP. You've got this!

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Connor Murphy

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This is good to know! I always thought any firing meant you couldn't get unemployment.

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Anna Kerber

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I went through almost the exact same situation last year - warehouse job, "performance issues" after busy season, no written warnings. Filed my claim and got approved after about 3 weeks. The key is being factual when you describe the separation. Don't get emotional or defensive, just state that you were terminated for alleged performance issues despite having no prior disciplinary actions on record. The lack of documentation from your employer actually helps your case because it shows they didn't follow proper progressive discipline procedures. Stay strong and file that claim today!

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