Can I get unemployment if I get fired for poor performance - NYS Department of Labor eligibility?
I'm really worried about my situation right now. My supervisor has been documenting performance issues for the past month and I think I might get terminated soon. I've been trying to improve but it's not happening fast enough. If I do get fired for poor performance, will I be able to collect unemployment benefits through NYS Department of Labor? I've been at this job for 8 months and really need the income to pay my bills. I know getting fired for misconduct disqualifies you but I'm not sure if poor performance counts as misconduct or not. Has anyone been in this situation before?
13 comments
Join the conversation
Molly Hansen
Poor performance and misconduct are treated differently by NYS Department of Labor. Generally, if you're fired for inability to do the job (poor performance) rather than willful misconduct, you should still qualify for unemployment benefits. The key distinction is whether you were trying to do your job properly but couldn't meet expectations versus deliberately violating company rules or policies.
0 coins
Connor Rupert
•That's a relief to hear. I definitely wasn't being willfully negligent - I was just struggling with the workload and complexity. Do I need to prove anything when I file my claim?
0 coins
Brady Clean
You'll need to file your claim as soon as possible after termination. NYS Department of Labor will investigate by contacting your former employer to get their side of the story. Be honest about the circumstances but emphasize that you were making genuine efforts to improve. Keep any documentation you have showing you were trying to meet performance standards.
0 coins
Skylar Neal
•This is really important - save any emails about training you requested or performance improvement plans you were working on.
0 coins
Vincent Bimbach
I went through this exact situation last year! Got fired for not meeting sales targets even though I was putting in the effort. Had to go through adjudication for about 3 weeks while they investigated but ultimately got approved. The key was that I could show I was trying to improve and wasn't just slacking off.
0 coins
Connor Rupert
•That gives me hope. Did you have to provide any specific documentation during the adjudication process?
0 coins
Vincent Bimbach
•They asked for my performance reviews and I wrote a statement explaining my efforts to improve. Also helped that my manager's termination letter didn't use words like 'misconduct' or 'violation.
0 coins
Kelsey Chin
Just be prepared that if your employer contests the claim, you might need to reach NYS Department of Labor by phone to explain your situation. I had trouble getting through their phone lines when I needed to provide additional information. Someone mentioned a service called Claimyr that helps people connect with unemployment agents - might be worth checking out claimyr.com if you run into phone issues. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works.
0 coins
Norah Quay
•Never heard of that service but honestly anything that helps with those phone lines sounds good to me. Spent hours trying to get through last time.
0 coins
Leo McDonald
wait so poor performance isn't misconduct?? i thought any firing would disqualify you from benefits
0 coins
Molly Hansen
No, there's an important legal distinction. Misconduct requires willful or intentional wrongdoing. Poor performance due to lack of skill, experience, or ability is different from deliberately violating workplace rules. NYS Department of Labor looks at whether you were acting in good faith and trying to do your job properly.
0 coins
Ryder Greene
I was in a similar situation about 6 months ago - got let go for not meeting productivity metrics despite really trying my best. The whole process was nerve-wracking but I did end up getting approved for benefits. One thing that really helped was that I had kept copies of emails where I asked my supervisor for additional training and feedback on how to improve. When NYS DOL contacted my former employer, they confirmed that I wasn't being defiant or refusing to work - just struggling with the role requirements. The adjudication took about 2-3 weeks but it was worth the wait. Make sure you file immediately after termination and be completely honest about everything when you fill out the application.
0 coins
Elijah Brown
•Thanks for sharing your experience @Ryder Greene! This is really helpful to hear from someone who went through the same thing recently. I'm definitely going to start documenting any training requests or feedback I ask for from now on, just in case. It sounds like having that paper trail of trying to improve really made a difference in your case. Did you have to do anything special during those 2-3 weeks of adjudication or just wait it out?
0 coins