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Andre Dupont

Can you get unemployment for poor performance issues in New York?

My supervisor at my retail job told me last week that I'm not meeting sales targets and my customer service scores are below average. They haven't fired me yet but I'm worried it's coming. If I get terminated for poor performance, would I still be eligible for NYS Department of Labor unemployment benefits? I've been working there for 8 months and this is my first job since college. Really stressed about this whole situation.

QuantumQuasar

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Generally yes, you can receive unemployment benefits if terminated for poor performance in NY. The key distinction is between misconduct and inability to perform. Poor performance due to lack of skill or inability to meet job requirements usually qualifies you for benefits. However, if they claim willful misconduct or deliberate violations of company policy, that could disqualify you.

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Andre Dupont

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Thank you! What counts as willful misconduct exactly? I'm not deliberately doing anything wrong, I'm just struggling with the sales quotas.

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I got fired for poor performance at my warehouse job last year and had no issues getting approved for UI benefits. NYS Department of Labor approved my claim within 2 weeks. The employer tried to contest it saying I was insubordinate but I appealed and won because I had documentation showing it was performance related, not behavioral.

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Andre Dupont

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Did you have to provide any specific documentation during the appeal process?

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Just my performance reviews and any written warnings they gave me. Keep copies of everything!

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Jamal Wilson

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same thing happened to me couple months ago, got fired for not meeting productivity standards at my factory job and unemployment went through fine

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Mei Lin

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If you're having trouble reaching NYS Department of Labor to check on your claim status or get questions answered about eligibility, I had good luck using claimyr.com recently. They help you get through to an actual agent instead of dealing with the busy phone lines. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me when I was stressed about my claim getting stuck in adjudication.

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Andre Dupont

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Thanks for the tip! How long did it take to get through to someone?

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Whatever you do DON'T quit thinking it'll look better. If you quit you definitely won't get benefits. Let them fire you if they're going to, then file immediately. Document everything - save emails, write down conversations with dates.

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Amara Nnamani

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The unemployment system is so messed up though. I know people who got denied for way less serious stuff while others sailed through. It's like a lottery sometimes with these adjudicators.

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QuantumQuasar

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While there can be inconsistencies, the law is pretty clear on performance vs misconduct. Most poor performance cases do get approved if you file correctly and respond to any requests for information promptly.

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Amina Sow

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I went through a similar situation about 6 months ago. Got let go from my first job out of college for not meeting performance metrics at a marketing firm. I was really worried about getting benefits too, but it worked out fine. The NYS DOL approved my claim without any issues. Like others said, the key is that poor performance isn't the same as misconduct. Just make sure when you file that you're honest about the reason for termination - don't try to make it sound like something it wasn't. Also start documenting everything now while you're still employed, including any performance reviews or conversations about your metrics. Having that paper trail really helps if the employer tries to contest your claim later.

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KingKongZilla

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That's really reassuring to hear from someone who went through the exact same situation! Did you have to do anything special during the application process, or was it pretty straightforward? I'm trying to prepare myself mentally for what to expect if this does happen.

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Nia Williams

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@Amina Sow This is really helpful to know! I m'in almost the exact same boat - retail instead of marketing, but same first job out of college situation. When you say be "honest about the reason for termination, should" I literally write poor "performance/not meeting sales targets on" the application? I don t'want to hurt my chances but I also don t'want to lie and make things worse later.

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Fidel Carson

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@Nia Williams Yes, be straightforward about it. I put something like terminated "for not meeting performance standards when" I applied. The DOL wants the truth - they re'going to contact your employer anyway to verify the reason. Being honest upfront actually works in your favor because it shows you re'not trying to hide anything. The worst thing you can do is contradict what your employer tells them later. And honestly, poor "performance is" one of the easier reasons to get approved for benefits compared to misconduct or policy violations. You got this!

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Zara Ahmed

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I'm going through something similar right now - just got put on a performance improvement plan at my customer service job and feeling really anxious about what comes next. Reading all these responses is actually making me feel a lot better about the situation. It sounds like as long as you're genuinely trying to do the job but just struggling with the metrics, you should be okay for unemployment benefits. I've been keeping copies of all my performance reviews and any feedback emails from my supervisor just in case. Thanks everyone for sharing your experiences - it really helps to know other people have been through this and came out alright on the other side.

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Malik Johnson

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@Zara Ahmed I m'in a really similar spot - also dealing with performance issues at my retail job and feeling super stressed about it. It s'so helpful hearing from everyone that poor performance usually doesn t'disqualify you from unemployment benefits. The advice about documenting everything is really smart - I m'going to start keeping better records of all my interactions with management. We re'both going to get through this! At least we know now that if the worst happens, we should still be able to get some financial support while we look for new jobs.

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I went through something very similar about a year ago - got terminated from my first job out of college at a call center for not meeting call resolution times and customer satisfaction scores. I was honestly terrified about filing for unemployment because I thought getting fired for poor performance would automatically disqualify me. But I filed anyway because I needed the benefits, and it got approved without any issues. The NYS DOL didn't even request additional information from me or my former employer. What really helped was that I had been genuinely trying to improve - I had attended all the training sessions they offered and was working with my supervisor on improvement plans. I think that showed it wasn't willful misconduct on my part, just that the job wasn't a good fit for my skills. My advice is to file as soon as you're terminated (if that happens) and don't stress too much about it. The system is designed to help people who lose their jobs through no fault of their own, and struggling to meet performance standards usually falls into that category.

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Evelyn Kim

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@Samantha Johnson This gives me so much hope! I ve'been losing sleep over this whole situation thinking my career was over before it even started. It s'really reassuring to hear from someone who went through almost exactly what I m'dealing with - the call center environment sounds just as metrics-driven as retail. I ve'also been trying everything I can to improve - staying late to practice my sales pitches, asking my supervisor for extra feedback, even watching YouTube videos about customer service techniques. But the numbers just aren t'getting better no matter how hard I try. Hearing that you got approved without any complications makes me feel like maybe this isn t'the end of the world after all. Did you end up finding something that was a better fit for your skills afterward?

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NebulaNomad

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I'm actually going through this exact situation right now - been at my retail job for about 6 months and just got my second warning about not hitting my sales numbers. Reading through everyone's experiences here has been incredibly helpful and honestly a huge relief. I was convinced that getting fired for performance issues would automatically disqualify me from benefits, but it sounds like that's not the case at all. The distinction between poor performance and willful misconduct makes total sense when you think about it - there's a big difference between genuinely struggling to meet expectations versus deliberately not doing your job. I've been keeping detailed notes of all my interactions with management and saving copies of my performance reviews just in case. It's scary being in this position, especially as someone relatively new to the workforce, but knowing that there's still a safety net available if things don't work out is giving me some peace of mind. Thanks to everyone who shared their stories - it really helps to know we're not alone in dealing with these kinds of challenges.

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@NebulaNomad You're definitely not alone in this! I'm actually dealing with a very similar situation at my job and found this thread while desperately searching for answers about unemployment eligibility. It's such a relief to read all these success stories from people who got approved after being terminated for performance issues. The advice about documenting everything is spot on - I've started keeping a folder with all my performance reviews, emails from my supervisor, and even notes from our one-on-one meetings. It sounds like most people here who were honest about their situation and could show they were genuinely trying to improve had no problems getting their claims approved. The fact that you're proactively learning about your rights and preparing documentation shows you're handling this really maturely. Hopefully things turn around at your current job, but if not, at least we know there are options available to help us get back on our feet.

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I'm in a really similar situation right now - been at my office job for about 7 months and just got put on a 30-day improvement plan because my productivity metrics aren't where they want them to be. This whole thread has been such a lifesaver! I had no idea that poor performance was treated differently than misconduct for unemployment purposes. I've been genuinely trying my best but the workload expectations seem unrealistic for someone still learning the ropes. Reading everyone's experiences gives me hope that if this doesn't work out, I won't be left completely high and dry. I'm definitely going to start keeping better documentation of everything - performance reviews, improvement plan details, any training I've completed. It's reassuring to know that the NYS DOL generally understands the difference between someone who's struggling to meet standards versus someone who's being deliberately negligent. Thanks to everyone for sharing their stories - it really helps to know there's a community of people who understand what this feels like.

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@Isabella Costa I m'so glad this thread has been helpful for you too! Your situation with the 30-day improvement plan sounds really stressful, but you re'absolutely right that the workload expectations can be unrealistic for newer employees. I m'actually in week 2 of a similar improvement plan at my retail job, and it s'been such an emotional rollercoaster. The fact that you re'actively trying to improve and documenting everything shows you re'approaching this the right way. I ve'found it helpful to also keep track of any additional training or support I ve'requested from management - it demonstrates good faith effort on your part. Even though none of us want to be in this position, it s'comforting to know that the unemployment system recognizes when people are genuinely struggling versus when they re'just not putting in effort. Fingers crossed that your improvement plan works out, but if not, at least we both know our options now!

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Zoe Stavros

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I've been following this conversation as someone who was in a very similar position about 8 months ago. Got terminated from my first job out of college at a tech startup for not meeting coding productivity benchmarks, despite putting in extra hours and asking for help from senior developers. I was absolutely panicked about filing for unemployment because I thought performance issues would disqualify me. But I filed anyway out of necessity and got approved without any problems - didn't even have to appeal or provide additional documentation. The NYS DOL processed my claim in about 10 days. What really helped my case was that I had email chains showing I was actively seeking feedback and trying to improve, plus documentation of the training sessions I attended. The key thing I learned is that the system really does distinguish between inability to perform and willful misconduct. If you're genuinely trying but struggling with the job requirements, that's not your fault - it's just a mismatch between your current skills and what the position demands. To anyone in this situation: keep detailed records, be honest when you file, and don't let the stress consume you. Most performance-related terminations do qualify for benefits in NY.

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Daniela Rossi

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@Zoe Stavros Thank you so much for sharing your experience! It s'incredibly reassuring to hear from someone who went through this in a tech environment - I imagine the pressure around productivity metrics there can be just as intense as retail. The fact that you got approved in just 10 days without any complications gives me a lot of hope. I ve'been keeping detailed records too, including screenshots of my training completions and emails where I ve'asked my supervisor for additional guidance. It sounds like showing that good faith effort to improve really does make a difference in how these cases are evaluated. Your point about it being a skills mismatch rather than willful misconduct really resonates with me - sometimes jobs just aren t'the right fit no matter how hard you try. Did you end up finding something that was a better match for your skillset afterward?

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Zara Khan

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I'm currently dealing with this exact situation at my restaurant job - been there for about 5 months and just got my first formal warning for low table turnover rates and customer satisfaction scores. This entire thread has been incredibly eye-opening and honestly such a relief to read! I had been assuming that any performance-related termination would automatically disqualify me from unemployment benefits, but learning about the distinction between poor performance and willful misconduct changes everything. I've been genuinely trying to improve - staying late to practice my service techniques, asking experienced servers for tips, even watching training videos on my own time - but the pace and multitasking required is just overwhelming for me. Reading all these success stories from people who got their claims approved after similar situations gives me so much hope. I'm definitely going to start documenting everything better - saving copies of my performance reviews, keeping notes from manager feedback sessions, and tracking all the extra training I'm doing. It's such a comfort to know there's a support system in place for people who are struggling with job performance despite their best efforts. Thanks to everyone for being so open about their experiences - it really helps to know we're all in this together!

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