Can you collect NYS Department of Labor unemployment if you get terminated from your job?
My supervisor terminated me yesterday after working at this manufacturing company for 2 years. They said it was due to performance issues but I feel like they never gave me proper training or feedback. I've never been fired before and don't know what my rights are. Can I still file for unemployment benefits with NYS Department of Labor if I was terminated? I'm really stressed about paying my rent and bills next month.
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Oliver Weber
Yes, you can usually collect unemployment even if you were terminated, as long as it wasn't for gross misconduct. Performance issues typically don't disqualify you from benefits. The key is whether your employer can prove you were fired for willful misconduct - things like theft, violence, or repeatedly refusing to follow reasonable instructions. File your claim with NYS Department of Labor as soon as possible since benefits are calculated from your filing date, not your termination date.
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Amina Toure
•Thank you! That's a relief. Should I be worried about what my employer might tell NYS Department of Labor about why I was fired?
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FireflyDreams
File immediately and be honest about the circumstances. If your employer contests your claim, NYS Department of Labor will investigate and make a determination. You'll get a chance to present your side of the story. Most terminations for performance issues result in approved claims unless there's clear evidence of misconduct.
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Natasha Kuznetsova
•This happened to me last year. My boss contested it saying I was insubordinate but I had emails showing I was following company policy. NYS Department of Labor approved my claim after reviewing everything.
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Javier Morales
Getting through to NYS Department of Labor by phone can be really frustrating if you need to check on your claim status or have questions about the process. I had issues reaching them when my employer contested my termination. I ended up using this service called Claimyr (claimyr.com) that helps you get connected to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call and getting busy signals.
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Amina Toure
•Thanks for the tip! I'll keep that in mind if I have trouble reaching them directly.
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Emma Anderson
wait so even if you get fired you can still get unemployment?? I thought only people who got laid off could collect benefits
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Oliver Weber
•That's a common misconception. You can collect unemployment if you're terminated for most reasons except gross misconduct. Being laid off, terminated for performance, or even being fired for minor policy violations usually still qualify you for benefits.
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Malik Thompson
Just make sure you have documentation of everything - your performance reviews, any disciplinary actions, emails, etc. If they contest your claim you'll want evidence to support your case during the adjudication process.
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Rachel Clark
I went through something similar a few months ago. When you file your claim online with NYS DOL, be very detailed about the circumstances of your termination. Write down exactly what your supervisor said and any context about the "performance issues" they mentioned. If you have any employee handbook pages about progressive discipline or performance improvement processes that weren't followed, that could help your case. The system is designed to help workers who lose their jobs through no fault of their own, and lack of proper training/feedback sounds like it falls into that category. Don't let them intimidate you - you paid into this system and have every right to file a claim.
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