How to get fired and still get unemployment benefits from NYS Department of Labor?
I'm in a really bad work situation and honestly thinking about just letting myself get terminated so I can collect unemployment. My boss is making my life miserable and I can't quit because then I wouldn't qualify for benefits. Has anyone here successfully gotten fired and still received NYS Department of Labor unemployment? What are the rules around this? I don't want to do anything that would disqualify me but I'm at my breaking point.
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Jason Brewer
Be very careful here. NYS Department of Labor has strict rules about misconduct. If you're fired for willful misconduct or violating company policy, you'll be disqualified from receiving UI benefits. However, if you're fired for poor performance (not misconduct), you may still qualify. The key is that it can't be deliberate on your part.
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Nina Fitzgerald
•What exactly counts as misconduct though? Like if I just stop trying as hard at work, would that be considered misconduct or poor performance?
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Kiara Fisherman
dude just quit and say it was constructive dismissal or hostile work environment. if your boss is really that bad document everything
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Jason Brewer
•That's not how it works in NY. You need to prove the work environment was so intolerable that a reasonable person would quit. NYS Department of Labor investigators are very thorough about these claims.
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Liam Cortez
I went through something similar last year. The best approach is to document everything your boss is doing wrong first. If they're creating a hostile work environment, you might be able to quit for good cause. NYS Department of Labor recognizes situations where continuing work would be unreasonable. Keep records of all incidents, emails, witnesses, etc.
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Nina Fitzgerald
•How much documentation do you need? I have some emails but not a ton of evidence.
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Savannah Vin
Had a nightmare trying to reach NYS Department of Labor when I was in a similar situation. Kept getting hung up on after waiting an hour. Finally used claimyr.com to get through to an actual person - there's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. They helped me understand exactly what documentation I needed for my specific case.
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Mason Stone
•How much does that service cost? I'm already struggling financially.
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Savannah Vin
•It's way cheaper than losing weeks of benefits because you filed wrong. The peace of mind was worth it for me.
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Makayla Shoemaker
Look I'm not saying this is right but my cousin basically stopped showing up on time and doing bare minimum until they fired him. He got unemployment no problem. Sometimes they don't even contest it if you weren't making much anyway
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Jason Brewer
•This is terrible advice. If the employer contests and can prove deliberate poor performance, you'll be disqualified AND potentially have to pay back any benefits received.
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Christian Bierman
ugh the whole system is so frustrating!! why should we have to stay in toxic jobs just to qualify for benefits we paid into?? makes no sense
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Jasmine Hernandez
I totally understand your frustration - toxic work environments are awful and it feels like you're trapped between staying miserable or losing benefits. Here's what I learned when I was in a similar spot: NYS Department of Labor does allow you to quit and still get unemployment if you can prove "good cause." This includes things like harassment, unsafe working conditions, significant changes to your job duties/pay, or a hostile work environment. The key is having solid documentation - save emails, write down incidents with dates/times, get witness contact info if possible. You don't need to get yourself fired (which is risky). Instead, consider filing complaints with HR first (creates a paper trail), then if things don't improve, you may be able to quit for good cause. Document your attempts to resolve the situation too. It's worth consulting with an employment lawyer for a free consultation if the situation is really bad.
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Arjun Patel
•This is really helpful advice! @Jasmine Hernandez How long did it take for NYS Department of Labor to review your good cause claim? I m'worried about the gap between quitting and getting approved - did you have to wait long for benefits to start? Also, did you end up needing that employment lawyer or were you able to handle it on your own with the documentation?
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