If you get fired do you get unemployment benefits from NYS Department of Labor?
Just got terminated from my job yesterday and I'm panicking about money. My manager said it was due to performance issues but I feel like they were looking for reasons to let me go. Does anyone know if I can still file for unemployment with NYS Department of Labor if I was fired? I heard conflicting things about this and really need to know what my options are. I've been working there for 2 years and never had any written warnings or anything.
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Andre Lefebvre
Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. NYS Department of Labor will investigate if you were terminated for 'misconduct.' Performance issues usually don't count as misconduct unless it was willful negligence. You should definitely file a claim immediately since there's a waiting period anyway.
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Carmen Ruiz
•Thank you! What exactly counts as misconduct then? I was never late and I tried my best at the job.
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Zoe Alexopoulos
File your claim ASAP! I got fired last year for 'poor performance' and still got my benefits. NYS Department of Labor looks at whether you did something deliberately wrong or violated company policy on purpose. Being bad at your job isn't usually enough to disqualify you. The employer has to prove misconduct, not the other way around.
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Jamal Anderson
•This is so true. My cousin got fired for being slow at work and she still got unemployment. The company tried to fight it but they couldn't prove she was doing it on purpose.
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Mei Wong
ugh the whole process is such a nightmare though! I'm dealing with NYS Department of Labor right now and they're taking forever to make a decision on my claim. Been waiting 3 weeks already and my savings are running out. But yeah you should still file even if you're not sure.
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Zoe Alexopoulos
•If you're having trouble getting through to someone at NYS Department of Labor, I used this service called Claimyr that helped me reach an actual agent. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
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QuantumQuasar
Misconduct includes things like theft, violence, harassment, showing up drunk, deliberately disobeying orders, excessive unexcused absences. Performance issues where you were genuinely trying to do the job correctly usually won't disqualify you. Make sure to mention in your application that you received no prior warnings.
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Carmen Ruiz
•That's really helpful, thank you. I definitely wasn't doing any of those things so I feel better about filing now.
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Liam McGuire
same thing happened to me!! filed anyway and got approved. worst case scenario they deny you and you can appeal it. but like everyone said just file now dont wait
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Dylan Mitchell
I went through this exact same situation about 6 months ago - got fired for "performance issues" after 3 years at my company with zero written warnings. I was terrified I wouldn't qualify but I filed anyway and got approved! The key thing is that NYS Department of Labor distinguishes between being unable to do the job versus unwilling to do the job. If you were genuinely trying but just struggling with the role, that's not misconduct. Document everything you can remember about your termination meeting and any conversations leading up to it. Also, when you file online, be honest but brief - don't over-explain or make it sound like you agree you deserved to be fired. Good luck!
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