If I am fired can I collect unemployment benefits through NYS Department of Labor?
My supervisor has been giving me impossible deadlines and documenting every small mistake I make. I'm pretty sure they're building a case to fire me within the next few weeks. If they do terminate me, would I be able to collect unemployment benefits? I've been working at this company for 2 years and never had any write-ups before this new manager started. I'm worried that if they fire me for 'performance issues' the NYS Department of Labor might deny my claim. Has anyone been in a similar situation?
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Connor Gallagher
Generally yes, you can collect unemployment if you're fired, but it depends on the reason. NYS Department of Labor distinguishes between being fired for misconduct vs. being fired for inability to perform the job. If you're fired for performance issues (like not meeting deadlines or making mistakes), that's usually not considered misconduct and you should qualify for benefits. However, if you're fired for willful misconduct like stealing, harassment, or deliberately violating company policy, you'll be disqualified.
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Zainab Ahmed
•That's helpful, thank you. So as long as I'm not doing anything deliberately wrong, I should be okay? Even if they claim I'm not meeting performance standards?
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AstroAlpha
You'll definitely want to document everything that's happening right now. Keep copies of any emails about the impossible deadlines, take notes about conversations with your supervisor, and save any evidence that shows the expectations are unreasonable. If your employer contests your unemployment claim, this documentation will be crucial during the adjudication process. The NYS Department of Labor will review all the evidence before making a decision.
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Zainab Ahmed
•I've been keeping screenshots of some emails but I should probably be more systematic about it. Should I also document when other employees are given more reasonable deadlines for similar tasks?
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AstroAlpha
•Absolutely! Any evidence that shows inconsistent treatment or unreasonable expectations compared to your coworkers will strengthen your case if there's an appeal hearing.
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Yara Khoury
been through this exact situation last year. got fired for 'performance' but it was really just a toxic manager who wanted me gone. filed for unemployment immediately and got approved after about 3 weeks of adjudication. the key is being honest about what happened when you file your claim but also explaining your side of the story.
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Zainab Ahmed
•How long did the whole process take from filing to getting your first payment?
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Yara Khoury
•took about 5 weeks total because my employer contested it initially. had to do a phone hearing but once I explained the situation and showed my documentation, the hearing officer ruled in my favor.
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Keisha Taylor
If you do get fired and need to reach the NYS Department of Labor about your claim status, I had good luck using Claimyr (claimyr.com) to get through to an actual agent. The regular phone lines are always busy but this service helped me connect when I had questions about my adjudication. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was really helpful when I needed to check on my claim status.
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Zainab Ahmed
•Thanks for the tip! I'll keep that in mind if I need to contact them. Hopefully it won't come to that but good to know there are options.
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Paolo Longo
Just make sure you file your claim as soon as possible after you're terminated! You can't backdate unemployment benefits in New York, so every week you wait is money you're losing. Even if you think your employer might contest it, file anyway - you can always appeal if they deny your initial claim.
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Amina Bah
ugh this sounds exactly like what happened to my friend at her old job!! some managers are just awful and try to push people out instead of firing them outright. at least with unemployment you have some protection. definitely keep documenting everything like everyone said!
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