How do I get fired and get unemployment benefits in NY?
I'm stuck in a really toxic work situation and my mental health is suffering badly. My boss has been making my life miserable for months - cutting my hours randomly, giving me impossible deadlines, and basically trying to push me out. I can't afford to just quit because I need the unemployment benefits to survive while I look for something else. Does anyone know what would qualify me for NYS Department of Labor benefits if I got fired? I've heard you can't get UI if you get fired for cause but I'm not sure what that means exactly. I'm desperate here and don't know what my options are.
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Omar Mahmoud
You need to be really careful here because NYS Department of Labor will investigate why you were terminated. Getting fired 'for cause' means misconduct like stealing, violence, or willful violation of company policy. If you're fired for poor performance or attendance issues that aren't willful misconduct, you might still qualify. The key is that it can't be something you did intentionally to get fired. Document everything your boss is doing - the harassment, unreasonable demands, schedule changes. This could actually help your case if they fire you.
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Freya Nielsen
•Thanks, that's really helpful. I've been keeping emails and notes about the crazy stuff they've been doing to me. So if they fire me for not meeting an impossible deadline, that wouldn't be misconduct?
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Chloe Harris
honestly this sounds like constructive dismissal to me... when they make your job so terrible that any reasonable person would quit. you might be able to quit and still get benefits if you can prove they were forcing you out
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Diego Vargas
•That's called 'good cause' for quitting in NY. You'd need to show the employer created intolerable working conditions. But it's harder to prove than just getting fired, so you'd need really solid documentation of the harassment and hostile environment.
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NeonNinja
Whatever you do, don't do anything stupid like stealing or being insubordinate on purpose! I tried that approach years ago and got denied benefits because NYS Department of Labor said it was willful misconduct. Took me months to find another job with no income. If your boss is already making your life hell, just let them fire you for their unreasonable expectations rather than giving them legitimate cause.
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Freya Nielsen
•Yeah I definitely wasn't planning anything like that. I just want out of this situation without losing my ability to get benefits while job hunting.
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Anastasia Popov
I was in a similar situation last year and couldn't get through to NYS Department of Labor on the phone for weeks to ask about my options. Found this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Turned out I qualified for benefits even though I thought I wouldn't. Sometimes talking to an actual person at NYS Department of Labor helps you understand your rights better than trying to figure it out online.
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Sean Murphy
•Never heard of that but honestly anything that helps you get through to a real person at NYS Department of Labor sounds worth trying. The phone system is impossible.
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Zara Khan
Just remember that even if you get fired and qualify for UI, you still have to do the job search requirements. NYS Department of Labor requires 3 work search activities per week and you have to keep a log. Don't assume getting benefits means you can just coast - they're pretty strict about the job search stuff now.
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