NYS Department of Labor unemployment eligibility after getting fired for poor performance - anyone know?
My supervisor terminated me last Friday saying my productivity wasn't meeting expectations. I worked there for 8 months and never got any written warnings, just verbal feedback about needing to improve. Can I still file for unemployment benefits through NYS Department of Labor or does getting fired for performance issues automatically disqualify me? I'm really stressed about this because I have rent due next week and don't know what my options are.
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Evelyn Martinez
You can definitely apply for unemployment benefits even if you were fired for poor performance. NYS Department of Labor distinguishes between termination for misconduct versus termination for inability to perform the job. Poor performance without willful misconduct usually doesn't disqualify you from UI benefits. The key is whether you were deliberately violating company rules or just struggling to meet expectations despite trying.
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Alexander Evans
•That's a relief to hear! I was definitely trying my best, just had trouble keeping up with the workload. Should I mention that in my application?
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Benjamin Carter
File your claim right away on the my.ny.gov website. When they ask about the reason for separation, be honest but emphasize that you were trying to improve and didn't receive proper training or support. NYS Department of Labor will contact your employer to get their side, but termination for performance issues without misconduct is typically approved for unemployment benefits.
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Maya Lewis
•this happened to me too and I got approved after like 3 weeks of adjudication
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Isaac Wright
Wait, are you sure about this? I thought if you get fired you can't get unemployment at all? My friend got fired last year and didn't even bother applying because she thought she was automatically disqualified...
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Evelyn Martinez
•That's a common misconception. NYS Department of Labor only disqualifies you if you were fired for misconduct - things like stealing, harassment, or deliberately violating policies. Being unable to perform the job adequately is different from misconduct.
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Lucy Taylor
I've been dealing with NYS Department of Labor for months trying to get through on the phone to check my claim status. If you need to speak with an actual agent, I recently found this service called Claimyr at claimyr.com that connects you directly to NYS Department of Labor representatives. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of busy signals and getting hung up on.
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Alexander Evans
•How does that work exactly? Do they charge a lot for that service?
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Lucy Taylor
•They focus on getting you connected rather than the cost aspect. Much easier than trying to call the regular NYS Department of Labor number that's always jammed.
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Connor Murphy
The whole unemployment system is such a joke anyway. They make you jump through hoops even when you qualify and then take forever to process anything. I was out of work for 6 months and NYS Department of Labor jerked me around the entire time with their broken website and impossible phone system.
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KhalilStar
•I feel you on that. At least OP has a good chance of getting approved though since it sounds like a legitimate performance issue not misconduct.
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