Can you get unemployment if you get fired within 90 days in NY?
I just got terminated after working at this company for only 2 months and 3 weeks. My supervisor said it was due to 'performance issues' but honestly I think they just didn't like me. I'm wondering if I can even apply for unemployment benefits through NYS Department of Labor since I was only there for such a short time? Does the 90 day thing disqualify me automatically or is there still a chance? I really need the income while I look for something else.
14 comments


TechNinja
The good news is that there's no minimum employment period to qualify for unemployment in New York. What matters is whether you have enough work history in your base period (usually the first 4 of the last 5 completed quarters) and the reason for your termination. Being fired for performance issues might not disqualify you unless it rises to the level of misconduct. You should definitely file a claim with NYS Department of Labor - they'll determine if you're eligible based on your full work history, not just this recent job.
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Lena Müller
•That's actually really helpful, thank you! I did work at my previous job for about 14 months before this one, so maybe that counts toward my base period?
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Keisha Thompson
File the claim ASAP. The worst they can say is no, but you might be surprised. I got approved after being let go during my probationary period at a job I'd only had for 6 weeks. The key is how you answer the questions about why you were terminated - stick to the facts and don't admit to any wrongdoing.
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Paolo Bianchi
•This is exactly right. I've seen people get denied because they said too much in their application thinking they were being honest.
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Yara Assad
ugh the whole system is so confusing!! I thought you had to work somewhere for like 6 months minimum or something. why don't they make this stuff clearer on the website???
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Olivia Clark
If you're having trouble reaching someone at NYS Department of Labor to get specific answers about your situation, I used this service called Claimyr (claimyr.com) that actually got me through to a real person when I couldn't get past the busy signals. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to speak with someone directly about your eligibility.
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Lena Müller
•Interesting, I'll look into that if I can't get through the regular way. Thanks for the tip!
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Javier Morales
The 90 days doesn't matter at all for unemployment eligibility. What you need to worry about is if they claim you were fired for misconduct - that's what would actually disqualify you. Performance issues usually aren't considered misconduct unless you were like, deliberately sabotaging things or refusing to do your job. Document everything about your termination meeting in case you need it later.
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Ella Thompson
Just wanted to add that you should apply online through the NY.gov website as soon as possible - there's a waiting period before benefits can start, so even if you're not sure about eligibility, it's better to get the process started. When they ask about the reason for separation, just state exactly what your employer told you - "performance issues" - and let them make the determination. Don't overthink it or try to guess what they want to hear. The fact that you worked 14 months at your previous job should definitely help establish your base period wages.
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Jace Caspullo
•This is really solid advice about applying quickly! I didn't realize there was a waiting period. One question though - when they ask about the performance issues, should I mention that I suspect they just didn't like me personally, or is it better to just stick with what they officially said? I don't want to hurt my chances by speculating.
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Kiara Fisherman
•@Jace Caspullo I d'definitely stick with just what they officially told you - performance "issues. Don" t'speculate about personal feelings or add your own interpretation. The unemployment office will investigate if needed, but your job is just to report the facts as they were presented to you. Adding speculation could actually work against you because it might make it seem like you re'not being straightforward about what actually happened. Keep it simple and factual!
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Isaiah Cross
I went through something similar last year - got let go after just 10 weeks at a new job. The key thing to remember is that NY unemployment looks at your entire work history over the base period, not just your most recent job. Since you mentioned working 14 months at your previous job, that should definitely count toward establishing your monetary eligibility. As others have said, "performance issues" typically won't disqualify you unless it involves willful misconduct or violation of company policy. I'd recommend filing your claim this week if you haven't already - the sooner you apply, the sooner you can start receiving benefits if approved. Good luck!
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Marina Hendrix
•Thanks for sharing your experience! It's really reassuring to hear from someone who went through something similar. The 10 weeks vs my almost 12 weeks gives me hope. I'm definitely going to file this week - I was hesitating because I wasn't sure if it was worth it, but hearing all these responses has convinced me that I should at least try. Did you end up getting approved in your case?
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Sean Doyle
I'm dealing with a similar situation right now - got let go after just 8 weeks at a new position. Reading through these responses has been super helpful! One thing I wanted to add is that when you file online, make sure you have all your employment information ready including dates, wages, and employer contact info for both your recent job and your previous 14-month position. The system will ask for detailed work history going back 18 months. Also, don't be discouraged if your employer contests your claim - that's pretty common and doesn't automatically mean you'll be denied. The Department of Labor will review everything and make their own determination based on the facts. Definitely apply ASAP since there's that waiting week before benefits can start!
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