Can you collect unemployment if you are fired for performance - NYS Department of Labor eligibility question
I got terminated from my accounting job last month for what they called 'performance issues' but I'm not sure if this disqualifies me from unemployment benefits. My supervisor said I wasn't meeting productivity targets but I never received any formal warnings or improvement plans. I worked there for almost 2 years and always tried my best. Has anyone dealt with this situation with NYS Department of Labor? Will they automatically deny my claim because I was fired? I really need the benefits while I look for another job.
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Carter Holmes
Being fired for performance doesn't automatically disqualify you from unemployment benefits in NY. The key distinction NYS Department of Labor makes is between misconduct and poor performance. If you were fired for inability to do the job rather than willful misconduct, you should still be eligible. The fact that you didn't receive formal warnings actually works in your favor - it suggests they didn't follow progressive discipline which could indicate it was performance-based rather than misconduct.
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Mia Alvarez
•That's really helpful to know! Should I mention in my application that I never got any written warnings? I'm worried about how to explain the termination when I file.
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Sophia Long
same thing happened to me at my warehouse job, got fired for not making quota but still got approved for benefits. took like 3 weeks though because they had to do some kind of investigation thing
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Angelica Smith
•That investigation was probably adjudication - NYS Department of Labor has to determine if the firing was for misconduct or just poor performance. Three weeks is pretty typical for those cases.
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Logan Greenburg
I had a nightmare trying to get through to NYS Department of Labor when I was dealing with a similar situation. Kept getting hung up on after waiting for hours. Finally used a service called Claimyr (claimyr.com) that got me connected to an actual agent in like 15 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of stress when I needed to explain my termination circumstances to someone who could actually help.
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Charlotte Jones
•Never heard of that before but honestly anything that helps avoid those endless phone calls sounds worth it. The NYS Department of Labor phone system is absolutely brutal.
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Lucas Bey
Be honest on your application but don't overthink it. Just state you were terminated for performance reasons. If NYS Department of Labor needs more details they'll ask during adjudication. The main thing is whether your employer contests the claim and what evidence they provide about misconduct vs performance.
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Harper Thompson
ugh this system is so stressful!!! I'm dealing with something similar and I keep panicking that they're going to deny me. Two years at a job should count for something right?? Did they give you any severance or anything when they let you go?
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Mia Alvarez
•No severance unfortunately. And yeah it's definitely stressful not knowing if you'll get approved or not. I'm trying to stay positive though.
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NeonNova
I went through this exact same situation about 6 months ago - fired for "performance issues" after 18 months at a marketing firm. NYS Department of Labor actually approved my claim after about 4 weeks. The key thing that helped me was keeping all my employment records and being able to show I never had any disciplinary actions or formal performance improvement plans. When they called for the phone interview, I just explained honestly that I struggled to meet certain metrics but was never given coaching or warnings. My former employer didn't even contest it. Don't give up hope - performance terminations are way more common than people think and most get approved eventually.
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