Can you collect unemployment if fired during probation period - NYS Department of Labor rules?
Got terminated yesterday after being on the job for just 6 weeks, still within my 90-day probation period. My supervisor said they were letting me go because I wasn't picking up the procedures fast enough. I'm wondering if I can even apply for unemployment benefits since I was fired during probation? Does the NYS Department of Labor have different rules for probationary employees or does it work the same as regular terminations? Really need to know before I start the application process.
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Fatima Al-Qasimi
You can definitely apply for unemployment even if you were fired during probation. The NYS Department of Labor doesn't have special rules excluding probationary employees. What matters is WHY you were terminated, not when. If you were fired for performance issues rather than misconduct, you should qualify. Make sure to file your claim as soon as possible since benefits are retroactive only to the week you file.
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Giovanni Colombo
•Thanks! So being on probation doesn't automatically disqualify me? I was worried they'd say I hadn't worked long enough or something.
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Dylan Cooper
same thing happened to me last year except i was there 8 weeks before they cut me loose. filed for UI right away and got approved no problem. just be honest about why you got fired when you fill out the application
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Sofia Ramirez
The key thing is whether your termination was for misconduct or just poor performance. Being slow to learn procedures during a probation period typically counts as a performance issue, not misconduct. You should be eligible for benefits. When you file your weekly claims, you'll need to explain the circumstances of your separation, but as long as you weren't fired for things like theft, insubordination, or attendance violations, you should be fine.
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Dmitry Volkov
•What if they said it was both performance AND attendance? I was late a couple times but it was because of train delays...
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StarSeeker
I had trouble getting through to the NYS Department of Labor when I needed to check on my claim status after a similar situation. If you run into issues reaching them by phone, I used 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. Really saved me time instead of calling dozens of times myself.
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Giovanni Colombo
•Never heard of that before but might be worth checking out if I can't get through the regular way. Thanks for the tip!
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Ava Martinez
been there done that with probation firings. the worst part is they make it sound like youre terrible at the job when really they just didnt train you properly. anyway yeah you can get unemployment just dont mention anything about being late or whatever just stick to the performance stuff
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Miguel Ortiz
Just want to add that you should file online through the my.ny.gov portal rather than trying to call. The online system is much faster for initial applications. You'll need your Social Security number, driver's license, and employment history for the past 18 months. Make sure you have your last employer's exact business name and address when you file.
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Giovanni Colombo
•Perfect, I'll gather all that info tonight and file first thing tomorrow morning. Really appreciate all the helpful responses!
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CosmicCowboy
One thing to keep in mind - even though you can apply for unemployment after being fired during probation, your benefit amount might be lower since it's calculated based on your earnings history. With only 6 weeks of work at this job, they'll look at your previous employment over the past 15 months to determine your weekly benefit amount. Also, make sure to document everything about your termination (any emails, the exact reason they gave you, etc.) in case your former employer contests your claim.
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Giovanni Greco
•That's a really good point about documenting everything! I didn't think about them potentially contesting it. I do have the email where my supervisor said it was about not picking up procedures fast enough, so I'll definitely keep that. Should I also write down exactly what happened during the termination meeting while it's still fresh in my memory?
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