How to get fired from a job and get unemployment - NYS Department of Labor eligibility rules?
I'm in a really toxic work situation and honestly thinking about just getting myself fired so I can collect unemployment while I look for something better. I know this sounds bad but my boss is making my life hell and I can't afford to just quit. Does anyone know what the NYS Department of Labor considers 'misconduct' vs just being let go? Like if I started showing up late or calling out more often, would that disqualify me from UI benefits? I really need to understand the rules before I do anything stupid.
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Sophia Gabriel
This is a dangerous path. NYS Department of Labor investigates misconduct claims very thoroughly. If your employer can prove you deliberately got yourself fired, you'll be disqualified from benefits. Better to document the toxic workplace conditions and see if you qualify for 'constructive dismissal' - that's when working conditions are so bad you're forced to quit but can still get unemployment.
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Vince Eh
•What kind of documentation would I need for constructive dismissal? I don't have anything in writing about the harassment.
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Tobias Lancaster
honestly just start looking for another job while you're still employed. getting fired on purpose usually backfires when they investigate your claim
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Ezra Beard
I went through something similar last year. The NYS Department of Labor defines misconduct as willful violation of company rules or policies. Simple poor performance usually won't disqualify you, but chronic tardiness or attendance issues that you can't explain medically probably will. Document everything your boss is doing first - emails, witnesses, dates. You might have grounds for a hostile work environment claim.
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Statiia Aarssizan
•Wait, so if I get fired for performance issues I can still get unemployment? I thought any firing meant no benefits.
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Ezra Beard
•No, performance issues are different from misconduct. If you're trying your best but just can't meet expectations, that's not misconduct. But if you're deliberately doing bad work or violating clear policies, that's misconduct and will disqualify you.
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Reginald Blackwell
The whole system is rigged anyway. I got denied benefits because my employer LIED about why they fired me and NYS Department of Labor just believed them without investigating. Had to appeal and it took months to get my money. But seriously don't try to game the system - they're looking for any excuse to deny claims these days.
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Sophia Gabriel
If you're having trouble reaching NYS Department of Labor to ask about specific situations, I found this service called Claimyr that helped me get through to an actual agent when I had questions about my eligibility. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it way easier than trying to call myself and getting hung up on.
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Vince Eh
•Thanks, I'll check that out. I've been trying to call NYS Department of Labor for weeks with no luck.
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Lukas Fitzgerald
I really understand the frustration with toxic workplaces, but deliberately getting fired is risky. NYS Department of Labor will look at the circumstances of your termination. Instead, consider filing a complaint with HR first (if you have one) or documenting incidents for potential legal action. You might also qualify for unemployment if you quit for "good cause" - things like unsafe working conditions, harassment, or significant changes to your job terms. Talk to an employment lawyer for a free consultation before you make any moves that could hurt your eligibility.
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