Can you get unemployment for unsatisfactory work performance from NYS Department of Labor?
My supervisor at my retail job has been documenting everything I do wrong for the past two months. Last week they fired me saying my performance wasn't meeting company standards. I wasn't stealing or anything serious, just making mistakes with inventory counts and being late a few times. Can I still file for unemployment benefits with NYS Department of Labor or will they deny my claim because of poor performance? I'm worried they'll say it was my fault and I won't qualify.
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Owen Devar
Yes, you can definitely apply for unemployment benefits even if you were fired for unsatisfactory work performance. NYS Department of Labor distinguishes between misconduct and poor performance. Simple mistakes, inability to meet job requirements, or lack of skills usually don't disqualify you from UI benefits. However, if they claim willful misconduct or deliberate policy violations, that could be different.
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Brooklyn Knight
•That's a relief! So being late and making inventory mistakes probably won't count as misconduct? Should I mention the documentation they kept when I file my claim?
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Daniel Rivera
I got fired for performance issues last year and still got my unemployment approved. The key is that NYS Department of Labor looks at whether you were deliberately doing something wrong versus just not being good at the job. File your weekly claims right away even if your employer contests it - you can appeal if they try to fight it.
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Sophie Footman
•How long did it take for your claim to get approved? I'm in a similar situation and worried about how long the process might take.
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Daniel Rivera
•Mine took about 3 weeks total, but that included time for my employer to respond to NYS Department of Labor's inquiry about why I was fired.
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Connor Rupert
just apply anyway!! i got fired for being slow at my warehouse job and they still gave me benefits. worst case they say no and you appeal it. the unemployment system is already messed up enough without you disqualifying yourself before you even try
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Owen Devar
If you're having trouble getting through to NYS Department of Labor to check on your claim status or get more information about your eligibility, I recently discovered Claimyr (claimyr.com). They help you actually reach a live agent instead of getting stuck in the phone queue for hours. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me when I needed to clarify some details about my job separation.
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Molly Hansen
•Is that service legit? I've been trying to call NYS Department of Labor for a week and keep getting disconnected after waiting forever.
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Owen Devar
•Yeah it worked for me. Way better than spending entire days redialing the same number over and over. The agents can actually explain the performance vs misconduct distinction if you're unsure about your situation.
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Brady Clean
omg this happened to my sister too!! she was a cashier and kept messing up the register, got fired but still got unemployment no problem. definitely apply
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Amina Diop
I went through something very similar when I worked at a clothing store. Got fired for repeated register shortages and tardiness issues - basically the same performance problems you mentioned. I was terrified they'd deny my claim, but NYS Department of Labor approved it without any issues. The key thing is that genuine mistakes and performance issues are treated differently than intentional misconduct. Your employer will likely receive a form asking why you were terminated, but as long as it wasn't willful violation of company policy or dishonesty, you should be fine. Don't let the fear stop you from applying - you've paid into the system and deserve those benefits when you need them!
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Nathaniel Stewart
•Thank you so much for sharing your experience! That's exactly what I was worried about - the register shortages and tardiness sound just like my situation. Did your employer try to contest your claim at all, or did they just accept the Department of Labor's decision? I'm hoping my retail job won't make it difficult since it sounds like they have a pretty clear case that it was performance issues rather than anything intentional.
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