Can you get unemployment for involuntary termination in NY?
Got fired yesterday from my retail job after 2 years. Manager said it was due to performance issues but I never received any formal warnings or write-ups. I'm wondering if I can file for unemployment benefits since this was involuntary termination? I've never been on unemployment before and don't really understand how NYS Department of Labor determines eligibility. Do they automatically approve you if you got fired or do they investigate? Really stressed about making rent next month.
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Melody Miles
Yes, you can generally get unemployment for involuntary termination in NY unless you were fired for misconduct. Performance issues usually don't qualify as misconduct unless it was willful neglect of duties. You should file your claim right away on the NYS Department of Labor website. They'll review your case and may contact your employer for their side of the story.
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Jace Caspullo
•Thanks! Should I mention that I never got written warnings? Does that help my case?
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Nathaniel Mikhaylov
File immediately! Don't wait. Even if your employer contests it, you can appeal. I got fired for 'poor performance' last year and NYS Department of Labor approved my claim after reviewing everything. The key is that it has to be misconduct connected with work to disqualify you, not just being bad at your job.
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Eva St. Cyr
wait what?? i thought if you get fired you cant get unemployment at all. this is confusing
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Melody Miles
•No, that's a common misconception. You can get UI benefits if you're fired for reasons other than misconduct. Only if you quit without good cause or get fired for willful misconduct are you disqualified.
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Kristian Bishop
Had a similar situation last month - got terminated for 'not meeting expectations' but no documentation. Filed online and got approved within a week. NYS Department of Labor sided with me because my employer couldn't prove misconduct. Make sure you file your weekly claims on time once approved.
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Kaitlyn Otto
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I found this service called Claimyr that helps you reach an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting busy signals.
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Jace Caspullo
•Interesting, never heard of that. Is it legit?
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Kaitlyn Otto
•Yeah it's real, used it myself when my claim got stuck in adjudication. Much easier than trying to call repeatedly.
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Axel Far
just make sure you document everything from your job - any emails, performance reviews, etc. if your employer tries to fight the claim you'll need proof
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Ethan Anderson
I went through this exact situation a few months ago - also retail, also "performance issues" with no formal documentation. The good news is that NYS Department of Labor generally sides with employees when employers can't provide concrete evidence of misconduct. The lack of written warnings actually works in your favor because it shows they didn't follow progressive discipline. File your claim ASAP since there's a waiting period, and be honest about the circumstances when you apply. Even if your employer contests it (which they might to avoid their unemployment insurance rates going up), you'll likely win an appeal hearing. Hang in there - the process can be stressful but you should be able to get benefits while you job search.
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