If you are terminated are you eligible for unemployment NYS Department of Labor benefits?
Got fired from my job last Friday and I'm honestly not sure what my options are. My supervisor said it was due to performance issues but I feel like they didn't give me enough time to improve. Can I still file for unemployment with NYS Department of Labor if I was terminated? I know it's different than if you quit but I don't really understand the rules. Has anyone been through this before?
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Oliver Cheng
Yes, you can absolutely file for unemployment benefits if you were terminated, as long as it wasn't for misconduct. Performance issues usually don't disqualify you from receiving benefits. The key is whether your termination was for misconduct or not. File your claim as soon as possible since there's a waiting period.
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Ashley Simian
•Thank you! That's a relief. What exactly counts as misconduct though? I was never written up or anything formal like that.
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Taylor To
Misconduct has to be willful and substantial according to NYS Department of Labor rules. Things like stealing, violence, or repeatedly violating clear company policies. Poor performance alone isn't misconduct. When you file your claim, be honest about the reason for termination and let them make the determination.
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Ella Cofer
•This is good to know. I was worried about this too since my last job ended similarly.
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Kevin Bell
I went through something similar last year and had trouble getting through to NYS Department of Labor to check on my claim status. If you run into issues reaching them by phone, I used this service called Claimyr that helped me get connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI and the site is claimyr.com. It was really helpful when I couldn't get through on my own.
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Ashley Simian
•Thanks for the tip! I'll keep that in mind if I have trouble getting through to them.
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Savannah Glover
Don't let them intimidate you! File anyway and make them prove it was misconduct. The burden is on the employer to show you did something wrong. Most companies don't even bother to fight it unless it was really serious.
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Felix Grigori
same thing happened to me and I got approved no problem
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