NYS Department of Labor unemployment eligibility after termination - how to get fired to collect unemployment
I've been at my current job for almost two years now and I absolutely hate it. The management is terrible, they pile on extra work without compensation, and I'm miserable every single day. I've been thinking about just quitting but I know that disqualifies you from unemployment benefits. Has anyone figured out how to get fired instead so you can still collect from NYS Department of Labor? I really need some income while I look for something better but I can't afford to quit without benefits. What are the rules around this?
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Asher Levin
Be very careful here - NYS Department of Labor investigates misconduct cases thoroughly. If you deliberately get yourself fired, they can determine it was 'misconduct' and disqualify you anyway. You need to be terminated through no fault of your own to qualify for UI benefits. The adjudication process will look at whether your actions directly led to termination.
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Haley Stokes
•So there's really no way to do this without risking disqualification? What exactly counts as misconduct in their eyes?
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Serene Snow
honestly i tried this last year and it backfired big time. thought i could just slack off until they fired me but NYS Department of Labor denied my claim for willful misconduct. had to appeal and everything, took months to get approved. not worth the risk imo
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Issac Nightingale
•What happened during your appeal? Did you have to prove it wasn't intentional misconduct?
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Serene Snow
•yeah had to provide documentation showing my performance issues weren't deliberate. thankfully my supervisor testified that it was more about company restructuring than my behavior
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Romeo Barrett
Instead of trying to get fired, have you considered looking into constructive dismissal? If your working conditions are truly unreasonable, you might have grounds to quit and still claim benefits. NYS Department of Labor recognizes 'good cause' resignations in certain situations like unsafe working conditions, significant changes to job duties, or harassment.
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Haley Stokes
•I hadn't thought about that angle. What kind of documentation would I need to prove constructive dismissal?
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Marina Hendrix
Been there with the unemployment system runaround. If you're really struggling to get through to NYS Department of Labor about your situation, I found this service called Claimyr that actually gets you connected to a real 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 busy signals when I needed to discuss my claim status.
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Justin Trejo
•How much does something like that cost? Seems like you'd be paying just to talk to people you should be able to reach for free.
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Marina Hendrix
•Worth it when you consider how much time you waste trying to get through normally. Plus when you're dealing with potential misconduct issues you really need to talk to someone who knows the rules.
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Alana Willis
The whole system is rigged anyway. They make it impossible to quit a toxic job but then scrutinize every firing to see if they can deny benefits. I've seen people get denied for the stupidest reasons while others who clearly gamed the system get approved. NYS Department of Labor adjudication is totally inconsistent.
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Romeo Barrett
•While the system has flaws, the misconduct guidelines are actually pretty clear. They look for willful or negligent behavior that violates company policy. The key is proving termination wasn't due to deliberate actions on your part.
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Tyler Murphy
just document everything bad they do to you, then when they fire you for 'performance' you can show it was really retaliation or impossible working conditions
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Haley Stokes
•That's actually smart - keeping records of unreasonable demands or policy violations by management could help during adjudication.
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