Can you get unemployment if let go during probation period in NY?
I just got let go from my job after working there for 8 weeks. They said it was because I wasn't meeting expectations during my probationary period. The probation was supposed to last 90 days but they cut me loose early. Now I'm wondering if I can even file for unemployment benefits since I was on probation? I heard mixed things about whether NYS Department of Labor will approve claims when you get terminated during probation. Has anyone been through this situation before?
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Alexander Evans
Yes, you can absolutely file for unemployment even if terminated during probation. The NYS Department of Labor doesn't automatically disqualify probationary employees. What matters is WHY you were terminated, not that you were on probation. If they let you go for performance issues rather than misconduct, you should be eligible. Make sure to file your claim as soon as possible and be honest about the circumstances when filling out your application.
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Ruby Garcia
•That's reassuring to hear! Should I mention that it was specifically performance-related and not misconduct when I file?
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Evelyn Martinez
I was in the exact same boat last year - terminated after 6 weeks on probation for 'not being a good fit.' I filed for UI benefits anyway and got approved after about 3 weeks. The key is that they have to prove misconduct to deny your claim, and poor performance during probation usually doesn't qualify as misconduct under NYS Department of Labor rules.
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Benjamin Carter
•How long did the whole process take for you? I'm worried about paying rent while waiting for approval.
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Evelyn Martinez
•From filing to first payment was about 4 weeks total. Make sure you keep filing your weekly claims even while it's processing or you'll lose those weeks.
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Maya Lewis
ugh the unemployment system is so confusing... i got fired during probation too but for being late a few times. think thats misconduct?? really need the money right now
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Alexander Evans
•Attendance issues can sometimes be considered misconduct depending on the circumstances. You should still file though - let NYS Department of Labor make the determination rather than assuming you're disqualified.
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Isaac Wright
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I had success using a service called Claimyr (claimyr.com). They help you get connected to an actual agent instead of dealing with busy signals and disconnected calls. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of frustration when my claim was stuck in adjudication.
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Ruby Garcia
•Thanks for the tip! I might need that if my claim gets complicated.
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Lucy Taylor
The whole probation thing is just a company policy, it doesn't affect your unemployment eligibility. I've seen people get benefits after being let go on their first day! As long as you earned enough wages in your base period and weren't fired for gross misconduct, you should be fine. Don't let them intimidate you into not filing.
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Edwards Hugo
I went through something similar about 6 months ago - got let go after 7 weeks during probation for "performance issues." I was really nervous about filing but decided to do it anyway after reading posts like this. The whole process was actually pretty straightforward. I filed online, got approved within about 2 weeks, and have been receiving benefits ever since. The DOL agent I spoke with told me that probationary status doesn't matter at all for eligibility - what matters is whether you were fired for misconduct or just general performance/fit issues. Since yours sounds like performance-related, you should definitely file. Don't leave money on the table!
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