NYS Department of Labor benefits after termination - how to get fired and collect unemployment properly
My boss has been making my life hell for months and I'm pretty sure they want me gone anyway. I've been thinking about just forcing their hand so I can collect unemployment while I look for something better. I know you can't just quit and get benefits, but what about getting terminated? I've heard if you get fired for certain reasons you can still collect from NYS Department of Labor. Does anyone know the rules around this? I don't want to do anything that would disqualify me from UI benefits but this job is destroying my mental health.
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Max Reyes
Be very careful here. NYS Department of Labor has strict rules about misconduct and you could easily disqualify yourself. Getting fired for poor performance is usually fine for UI eligibility, but getting fired for violating company policy or insubordination will definitely get you denied. The safest approach is to document everything your boss is doing wrong and see if you can get them to lay you off instead of firing you for cause.
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Felicity Bud
•What counts as misconduct exactly? Like if I just start doing the bare minimum at work would that be considered poor performance or misconduct?
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Mikayla Davison
honestly this sounds like a terrible idea... why not just look for another job while you're still employed? getting fired on purpose seems risky
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Adrian Connor
There's a big difference between being terminated due to lack of work or budget cuts versus being fired for cause. NYS Department of Labor will investigate why you were terminated when you file your claim. If your employer reports that you were fired for misconduct, tardiness, or policy violations, you'll be disqualified from receiving benefits. However, if you're laid off or fired due to poor performance that isn't willful misconduct, you should be eligible. The key is that it can't appear intentional on your part.
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Felicity Bud
•So basically I need to make sure they fire me for being bad at the job, not for breaking rules? That's actually helpful to know.
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Aisha Jackson
OMG please don't do this! I tried something similar at my last job and it backfired completely. My employer contested my unemployment claim and I had to go through a whole hearing process. It was a nightmare and I didn't get benefits for months while they investigated. Just start job hunting now and quit when you find something better.
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Felicity Bud
•What happened at your hearing? Did you eventually get approved or denied?
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Aisha Jackson
•I eventually got approved but it took like 3 months and I had to prove they were creating a hostile work environment. Not worth the stress honestly.
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Ryder Everingham
If you're having trouble reaching NYS Department of Labor to ask about this stuff, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I had questions about my eligibility after being terminated and it was way easier than trying to call for hours. Might be worth checking out if you need to talk through your specific situation with someone at NYS Department of Labor.
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Lilly Curtis
The system is so messed up that people have to think about stuff like this just to survive. Your boss sounds awful and you shouldn't have to put up with that treatment just to keep a paycheck.
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Max Reyes
One more thing - if you do end up getting terminated, make sure you file your unemployment claim immediately and be completely honest about the circumstances. NYS Department of Labor will contact your employer anyway, so any lies will just hurt your case. Document everything that's happening at work now in case you need it later for your claim or a potential appeal.
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