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.
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QuantumQuasar
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
AuthorThank 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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Zoe Papanikolaou
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
AuthorDid you have to provide any specific documentation during the appeal process?
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Zoe Papanikolaou
Just my performance reviews and any written warnings they gave me. Keep copies of everything!
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Jamal Wilson
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
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
AuthorThanks for the tip! How long did it take to get through to someone?
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Liam Fitzgerald
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
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
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
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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