Fired for poor performance - can I still get NYS Department of Labor unemployment benefits?
Just got terminated yesterday from my job at a marketing firm after 8 months. My supervisor said it was due to poor performance and not meeting quarterly targets. I'm honestly shocked because I thought I was doing okay and never got any formal warnings or write-ups. Now I'm wondering if I can even file for unemployment benefits since I was fired for poor performance? Does NYS Department of Labor consider this misconduct? I really need these benefits to pay rent while I look for another job. Has anyone been in a similar situation?
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Savannah Glover
You can definitely apply for unemployment even if you were fired for poor performance. Poor performance is NOT the same as misconduct in NYS Department of Labor terms. Misconduct means deliberate wrongdoing like theft, violence, or willful violations of company policy. Being unable to meet performance standards isn't misconduct - it just means the job wasn't a good fit. File your claim right away and let NYS Department of Labor make the determination.
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Kevin Bell
•Thank you! That's such a relief to hear. I was worried I wouldn't qualify at all. Should I mention that I never received any formal warnings when I file?
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Felix Grigori
same thing happened to me last year, got fired for not hitting sales numbers but still got approved for UI benefits after like 2 weeks
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Felicity Bud
•Wait really? I thought if you got fired you couldn't get unemployment at all. This is confusing...
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Max Reyes
•It depends on WHY you were fired. Poor performance = you can get benefits. Stealing from the company = you can't. NYS Department of Labor looks at whether it was misconduct or just not being able to do the job well enough.
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Mikayla Davison
File immediately but be prepared for your employer to contest it. Companies love to claim everything is 'misconduct' to avoid paying higher unemployment taxes. Document everything you can remember about your termination meeting and any performance discussions you had. If they contest your claim, you'll need to appeal and possibly have a hearing.
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Kevin Bell
•Good point about documenting everything. I do have some emails where my boss was actually praising my work earlier this year, so maybe that will help if they try to fight it.
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Adrian Connor
THE SYSTEM IS RIGGED AGAINST WORKERS! They'll probably deny you first just to see if you'll give up. Don't let them intimidate you - keep appealing if they say no initially. I've seen too many people get screwed over by NYS Department of Labor playing favorites with employers.
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Savannah Glover
•While the process can be frustrating, NYS Department of Labor does follow specific guidelines for these determinations. Performance-related terminations usually do qualify for benefits unless there's evidence of willful misconduct.
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Max Reyes
I had trouble getting through to NYS Department of Labor when my claim got stuck in adjudication after being fired. Kept getting disconnected after waiting on hold for hours. Eventually found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor in like 15 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into phone issues.
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Kevin Bell
•Thanks for the tip! I'll keep that in mind if I have trouble reaching them. Hopefully the online filing process goes smoothly.
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Felix Grigori
•never heard of that service but honestly anything that helps you actually talk to someone at NYS Department of Labor sounds worth it
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Aisha Jackson
Just want to add that you should file ASAP even if you're not sure you qualify. There's a waiting period anyway, and if you wait too long you might miss out on benefits you're entitled to. Better to apply and get denied than not apply at all.
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