How to get fired for unemployment benefits - will NYS Department of Labor approve my claim?
I've been working at this retail job for 8 months and I'm miserable. The management is terrible, they keep cutting my hours, and I can barely afford rent anymore. I've been thinking about just getting myself fired so I can collect unemployment while I look for something better. Is this a bad idea? Will NYS Department of Labor even approve my claim if I get fired? I've heard they investigate why you got terminated. What counts as 'misconduct' that would disqualify me? I'm desperate here and need advice.
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Kirsuktow DarkBlade
Getting fired on purpose is risky because NYS Department of Labor will investigate the termination. If they determine you were fired for misconduct, you'll be disqualified from benefits. However, if you're fired for reasons beyond your control (like poor performance that isn't willful misconduct), you might still qualify. The key is that it can't be deliberate sabotage or violation of workplace rules.
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Sienna Gomez
•What exactly counts as misconduct though? Like if I just stop trying as hard at work, is that misconduct or just poor performance?
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Abigail bergen
DON'T DO THIS. I tried something similar last year and got denied benefits. NYS Department of Labor will contact your employer and ask detailed questions about why you were terminated. If there's any evidence you wanted to get fired, they'll deny your claim. Better to keep the job while looking for something else, or quit and deal with the consequences.
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Ahooker-Equator
•This is good advice. I've seen people try this and it backfires. The adjudication process takes forever too, so you could be waiting weeks with no income.
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Anderson Prospero
I was in a similar situation and actually got laid off due to 'company restructuring' which was basically them cutting costs. That qualified me for benefits no problem. Maybe see if your company is doing any layoffs? Or document the hour cuts - that might qualify you for partial unemployment benefits while you're still employed.
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Sienna Gomez
•I didn't know about partial benefits! How does that work if they're cutting my hours?
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Kirsuktow DarkBlade
•Partial unemployment is when your hours are reduced below full-time. You can file for benefits to make up the difference. NYS Department of Labor has specific formulas for how much you can earn and still collect partial benefits.
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Tyrone Hill
If you really need to get through to NYS Department of Labor to understand your options better, I had success using a service called Claimyr (claimyr.com). They help you get through to an actual agent when the phone lines are impossible. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out before you make any drastic decisions.
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Toot-n-Mighty
•never heard of that but honestly anything is better than trying to call NYS Department of Labor directly. those phone lines are a nightmare
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Lena Kowalski
Look into constructive dismissal. If they're making your work environment unbearable or cutting your hours significantly, you might be able to quit and still qualify for benefits. Document everything - the hour cuts, any harassment, policy changes that affect your pay. NYS Department of Labor sometimes approves claims when people quit for 'good cause.
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Sienna Gomez
•I've been keeping track of my schedule changes. They cut me from 35 hours to about 20 hours per week over the last month. Would that count as good cause?
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