If I get fired from a job can I collect unemployment in NY?
So I might be getting fired from my current job next week due to some performance issues. I'm really stressed about this and wondering if I'll be able to file for unemployment benefits with NYS Department of Labor if this happens? I've been working here for about 8 months and this is my first real job out of college. Does getting fired automatically disqualify you from UI benefits or does it depend on the reason? I really need to know what to expect financially.
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Rachel Tao
It depends on why you're being fired. NYS Department of Labor distinguishes between being terminated for misconduct versus being let go for performance or other non-misconduct reasons. If it's performance-related and not willful misconduct on your part, you should still be eligible for unemployment benefits. You'll need to file your claim as soon as possible after termination.
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Sayid Hassan
AuthorWhat exactly counts as misconduct? I haven't done anything intentionally wrong, just struggling to meet some deadlines and quotas.
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Derek Olson
I got fired last year for poor performance and was approved for unemployment after a brief adjudication period. The key is being honest on your application about why you were terminated. NYS Department of Labor will contact your employer to verify the details, so don't try to hide anything or make up stories.
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Danielle Mays
How long did your adjudication take? I'm worried about going weeks without any income while they investigate.
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Roger Romero
ugh the whole system is so confusing! I thought if you get fired you cant get anything but apparently thats not true?? why dont they make this clearer
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Anna Kerber
If you're having trouble reaching NYS Department of Labor to ask questions about your specific situation, I recently discovered this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me when I needed to clarify some details about my claim status.
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Sayid Hassan
AuthorThanks, I'll check that out if I need to call them. Right now I'm just trying to understand what to expect before anything happens.
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Niko Ramsey
The NYS Department of Labor will look at whether your termination was for misconduct connected to your work. Things like attendance issues, not following safety rules, or violating company policies could be considered misconduct. But struggling with job performance when you're trying your best usually isn't misconduct. Make sure to file your weekly claims even during adjudication.
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Seraphina Delan
same boat here, got let go 3 weeks ago for not hitting sales targets and my claim got approved pretty quick. just be honest about everything
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William Schwarz
Hey Sayid, I went through something similar about 6 months ago. Got terminated for performance issues after struggling to keep up with the workload at my job. I was really worried about getting denied, but I ended up getting approved for benefits. The key thing is that performance issues usually aren't considered "misconduct" unless you were deliberately not doing your job or violating company rules. Since you mentioned it's about deadlines and quotas, that sounds like a performance issue rather than misconduct. Just make sure to file your claim right away if it happens - you can always appeal if they initially deny you. The whole process was less scary than I thought it would be.
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