NYS Department of Labor unemployment benefits if I get fired - eligibility questions
So I'm really worried about my job security right now and wondering about the worst case scenario. If I get fired can I collect unemployment benefits through NYS Department of Labor? I've been at my current job for about 8 months and my supervisor has been giving me a hard time lately about performance issues. I'm trying to improve but I'm scared they might let me go. Would I be eligible for UI benefits or does getting fired automatically disqualify you? I've never filed for unemployment before so I have no idea how this works.
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Isabella Oliveira
It depends on WHY you get fired. NYS Department of Labor will approve your claim if you're fired for reasons beyond your control - like layoffs, company restructuring, or even poor performance if you were genuinely trying to do the job. However, if you're fired for misconduct (like stealing, fighting, repeatedly showing up late after warnings, etc.) then you'll likely be disqualified. Performance issues alone usually don't disqualify you as long as you weren't willfully negligent.
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Malik Jackson
•That's actually reassuring to hear. My issues are really just about not meeting certain productivity targets, not anything like misconduct. I show up on time and follow all the rules, just struggling with the workload.
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Ravi Patel
When you file your claim, NYS Department of Labor will contact your employer to get their side of the story. Your employer can contest the claim if they believe you were fired for misconduct. If there's a dispute, your claim goes into adjudication where they review all the evidence. The key is being honest on your application about the circumstances of your termination.
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Freya Andersen
•How long does adjudication usually take? I've been waiting 3 weeks for them to make a decision on my claim.
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Ravi Patel
•Adjudication can take anywhere from 2-8 weeks depending on how complex your case is and how quickly your employer responds to NYS Department of Labor's requests for information.
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Omar Zaki
i got fired last year for attendance issues and still got approved for benefits because i had a medical condition that was causing the absences. even if you think you might be disqualified its worth applying anyway because you never know what NYS Department of Labor will decide
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Malik Jackson
•Did you have to provide medical documentation to prove the condition? I don't have any medical issues, just struggling with the job requirements.
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CosmicCrusader
If you do end up getting fired and need to contact NYS Department of Labor about your claim status, I had good luck using Claimyr to actually get through to someone. I was stuck trying to call for weeks and kept getting busy signals or hung up on. Found out about claimyr.com through a friend and they got me connected to an actual NYS Department of Labor agent within a few hours. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get answers about my adjudication process.
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Chloe Robinson
•Never heard of that service before. Did they charge you anything for it?
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CosmicCrusader
•Yeah there's a fee but honestly it was worth it just to talk to someone who could actually explain what was happening with my claim instead of being stuck in phone tree hell.
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Chloe Robinson
The whole unemployment system is so messed up. They make it impossible to reach anyone and then wonder why people are frustrated. At least if you do get fired for performance you have a decent shot at getting benefits approved.
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Malik Jackson
•Yeah the thought of trying to navigate all this while dealing with losing my job is pretty overwhelming. Good to know there might be options for actually talking to someone though.
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Daniela Rossi
I went through something similar last year - got fired for not meeting sales quotas despite really trying my best. NYS Department of Labor approved my benefits because they determined it wasn't misconduct, just a poor fit for the role. The key thing is to document everything now while you're still employed - save any emails about performance expectations, feedback from your supervisor, evidence that you're making efforts to improve, etc. This documentation can be really helpful if your employer contests your claim later. Also, even if the worst happens, remember that getting fired for performance issues is different from getting fired for breaking rules or policy violations. You've got a good chance of qualifying for benefits.
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