Can you get unemployment if let go during probation period in NY?

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.

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.

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

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.

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.

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!

Just wanted to add my experience to help reassure you - I was terminated during my 60-day probation period about 8 months ago for "not adapting quickly enough to the role." I was terrified to file for unemployment because I thought probationary employees weren't eligible, but I'm so glad I did! The NYS DOL approved my claim without any issues. The key thing they asked about was whether I was fired for willful misconduct versus performance/capability issues. Since yours was clearly performance-related and not misconduct, you should be in good shape. File as soon as possible since there's a waiting period anyway. Better to have the process started than to wait and potentially miss out on benefits you're entitled to. Good luck!

I'm dealing with this exact situation right now too - just got let go after 6 weeks on probation for "not meeting training milestones fast enough." Reading all these responses is giving me hope that I should definitely file! I was honestly scared they'd automatically deny me because of the probation thing, but it sounds like that's not how it works at all. Thanks everyone for sharing your experiences - really helps to know I'm not alone in this and that there's a good chance I'll qualify for benefits while I search for something new.

I went through this exact situation about a year ago - terminated after 10 weeks during my 90-day probation for "not meeting performance standards." I was really hesitant to file because I thought being on probation automatically disqualified me, but I'm so glad I pushed through and applied anyway. The NYS DOL approved my claim within about 3 weeks, and I received benefits for several months while job searching. The unemployment specialist I spoke with explained that probationary status is just an internal company policy and has no bearing on your eligibility for benefits. What they care about is whether you were terminated for misconduct (like theft, insubordination, etc.) versus performance or capability issues. Since you were let go for not meeting expectations rather than any wrongdoing, you should absolutely file your claim right away. Don't let the probation thing discourage you - you've earned those benefits through your previous work history, and 8 weeks is definitely enough to establish that this wasn't misconduct on your part.

I was in a very similar situation about 3 months ago - let go after 9 weeks during my probation period because they said I "wasn't picking up the processes quickly enough." I was really worried about filing for unemployment because I thought probation meant automatic disqualification, but after reading advice on forums like this, I decided to file anyway. Best decision I made! NYS DOL approved my claim in about 2.5 weeks with no issues at all. The case worker I spoke with confirmed what others have said here - probationary status is irrelevant to them. They only care about the reason for termination. Performance issues during training/probation are completely different from misconduct in their eyes. Since you were let go for not meeting expectations rather than any kind of wrongdoing, you should definitely file your claim immediately. The worst they can do is say no, but based on what you've described, you have a very strong case for approval. Don't let the company's probation policy stop you from getting benefits you're entitled to!

I'm going through this exact situation right now - just got terminated after 7 weeks during my 90-day probation for "not adapting to the company culture quickly enough." Reading through all these experiences has been incredibly reassuring! I was honestly convinced that being on probation meant I couldn't get unemployment benefits, but it sounds like that's completely wrong. Everyone's stories about getting approved despite probationary termination are giving me the confidence to file my claim. It's such a relief to know that NYS DOL looks at the reason for termination rather than just the probation status. I'm definitely filing tomorrow - thank you all for sharing your experiences and helping newcomers like me understand that we shouldn't give up on benefits we're entitled to just because of company probation policies!

I just went through this same situation about 4 months ago - terminated after 6 weeks during my probation period because they said I wasn't "grasping the role requirements fast enough." I was so stressed about filing for unemployment because I thought being on probation automatically disqualified me. But after reading posts like these and talking to friends who'd been through it, I decided to file anyway. Best decision ever! NYS DOL approved my claim in just under 3 weeks with zero issues. The unemployment officer I spoke with was really clear that probationary employment status has absolutely no impact on eligibility - they only care about WHY you were terminated. Performance issues, training struggles, or "not meeting expectations" are totally different from misconduct in their view. Since you were let go for performance during probation rather than any kind of wrongdoing, you should definitely file immediately. I ended up receiving benefits for about 4 months while I found my next job, and it made such a huge difference financially during that stressful time. Don't let the probation thing psych you out - you've earned these benefits through your work history!

I'm currently going through this exact situation - just got terminated after 6 weeks during my 90-day probation for "not meeting learning objectives quickly enough." I was honestly terrified to file for unemployment because I assumed probation meant automatic disqualification, but reading everyone's experiences here has been such a game-changer! It's incredible to see so many people who got approved despite being let go during probation. The consistent theme seems to be that NYS DOL really doesn't care about probationary status at all - they only focus on whether it was misconduct vs. performance issues. Since mine was clearly performance-related (just like yours), I'm definitely going to file my claim tomorrow. Thank you Ruby for starting this thread and thank you to everyone who shared their stories - this community is amazing for helping people understand their rights! I'll update once I hear back on my claim.

I went through this exact same situation about 6 months ago! Got terminated after just 5 weeks during my probation for "not meeting performance benchmarks." I was absolutely convinced I couldn't get unemployment because of the probation thing - I even waited 2 weeks before filing because I thought it was hopeless. Huge mistake on my part! When I finally did file, NYS DOL approved my claim in about 3 weeks with zero questions asked. The representative I spoke with explained that probationary periods are just internal company policies and have absolutely no bearing on unemployment eligibility. What they care about is the distinction between misconduct (like stealing, harassment, insubordination) versus performance/capability issues. Being let go for "not meeting expectations" during probation falls squarely into the performance category. You should definitely file ASAP - every day you wait is potentially money lost. I ended up getting benefits for about 5 months while job hunting, and it was a lifesaver financially. Don't let them make you think probation disqualifies you - that's completely false!

I'm going through the exact same thing right now - just got let go after 7 weeks during my probation period for "not being the right fit for the team dynamic." I was so worried about filing because I thought probation automatically meant no unemployment benefits, but reading all these success stories has completely changed my perspective! It's amazing to see how many people have been approved despite being terminated during probation. The consistent message seems to be that NYS DOL only cares about misconduct vs. performance issues, not your employment status. Since yours was clearly performance-related ("not meeting expectations"), you should definitely file your claim immediately. I'm planning to file mine tomorrow morning after reading everyone's experiences here. Thanks Ruby for asking this question - this thread has been incredibly valuable for all of us dealing with probationary terminations!

I just went through this same situation about 2 months ago - got terminated after 9 weeks during my 90-day probation for "not demonstrating sufficient progress in key competencies." I was absolutely terrified to file for unemployment because I was convinced that being on probation would automatically disqualify me. I even called a friend who works in HR at another company, and she told me I probably wouldn't qualify, which made me even more hesitant. But after doing some research online and finding threads like this one, I decided to take the leap and file anyway. Best decision I could have made! NYS DOL approved my claim in just over 2 weeks with absolutely no issues. The case worker I spoke with during the phone interview was really clear that probationary status is completely irrelevant to their decision-making process. She explained that they only distinguish between misconduct terminations (things like theft, violence, intentional policy violations) versus performance/capability terminations. Since I was let go for not meeting performance standards rather than any kind of wrongdoing, it was a straightforward approval. I've now been receiving benefits for about 6 weeks while job searching, and it's made such a huge difference in reducing my financial stress during this transition. Ruby, based on what you've described - being let go for "not meeting expectations" rather than misconduct - you should absolutely file your claim immediately. Don't let the probation thing scare you away from benefits you've rightfully earned!