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.
11 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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Fatima Al-Sayed
I'm a newcomer here but wanted to share my perspective as someone who works in unemployment claims processing. The advice everyone's giving is spot-on - there's absolutely no minimum employment duration required for unemployment benefits in New York. I see cases like yours regularly where people assume they're ineligible due to short tenure, but that's simply not how the system works. Your 14 months of prior employment should easily establish your base period eligibility. The key distinction is between being terminated for performance issues (which you described) versus misconduct - performance problems rarely constitute disqualifying misconduct unless there was willful refusal to work or serious policy violations. File your claim online through ny.gov immediately, answer all questions factually based on what your employer specifically told you, and don't overthink it. The Department of Labor will make the final determination, but based on what you've shared, you have a legitimate claim worth pursuing. Even if your former employer contests it, that's routine and doesn't mean automatic denial.
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Ingrid Larsson
•This is incredibly valuable information from someone who actually works in unemployment claims processing! Thank you for taking the time to share your professional insights. It's really reassuring to hear confirmation that there's no minimum employment duration required - I think so many people (myself included until reading this thread) have this misconception about needing to work somewhere for a certain amount of time. Your explanation about the difference between performance issues and misconduct is especially helpful. I keep second-guessing whether what happened to me might be considered misconduct, but it really was just that they said I wasn't picking things up fast enough, not that I was refusing to work or violating policies. I'm definitely going to file online this week and stop overthinking the whole situation. Thanks again for the professional perspective!
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