NYS Department of Labor unemployment eligibility after termination - what qualifies?

The NYS Department of Labor distinguishes between misconduct and poor performance. Generally, you're eligible if terminated for reasons beyond your control - like poor performance, attendance issues, or personality conflicts. However, you'll be disqualified for willful misconduct like theft, violence, or deliberately violating company policy. The key is whether your actions were intentional and work-related.

The key distinction NYS Department of Labor makes is between being fired for misconduct vs. being fired for other reasons like poor performance or layoffs. If you're terminated for misconduct (theft, violence, repeated policy violations after warnings), you'll likely be disqualified. But if you're fired for inability to do the job, personality conflicts, or business reasons, you should still qualify for UI benefits. The burden is on your employer to prove misconduct occurred.

I got unemployment after being fired for 'performance issues' last year. As long as you weren't stealing or being insubordinate, you should be fine. The employer has to prove willful misconduct to the NYS Department of Labor, which is harder than most people think. Document everything though - write down incidents, save emails, keep records of your work.

You need to be very careful here. NYS Department of Labor defines misconduct pretty broadly - willful violation of company rules, insubordination, excessive absences without notice, etc. If you deliberately get yourself fired, that's likely going to be considered misconduct and you'll be disqualified from benefits. However, if you're dealing with a hostile work environment, you might want to look into constructive discharge. Document everything your supervisor is doing and consider filing a complaint with HR first.

been there dude, got fired from my last job because i kept showing up late and my manager finally had enough. NYS Department of Labor still approved my claim because they said it was performance related not willful misconduct. took a few weeks to get through adjudication but it worked out

I went through this whole mess last year trying to reach someone at NYS Department of Labor about my disqualification after getting fired. Couldn't get through on the phone for weeks. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who explained my options. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me a lot of frustration dealing with the phone system.

Just want to say BE CAREFUL about intentionally trying to get fired. If there's any evidence you were trying to get terminated on purpose, that could definitely hurt your unemployment claim. NYS Department of Labor looks at whether you had good cause for your actions.

wait so you can get fired and still get unemployment?? i thought if you got fired you were screwed

whatever you do don't quit!! i made that mistake thinking i could explain my situation and they denied me immediately. getting fired is way better for unemployment than quitting even if it feels worse emotionally

Constructive discharge is when working conditions become so intolerable that a reasonable person would feel forced to quit. NYS Department of Labor can treat this the same as being laid off if you can prove it. But you need solid documentation - emails, witness statements, HR complaints, etc. Don't just stop showing up to work though, that's job abandonment and will definitely disqualify you from unemployment benefits.

honestly i got fired from my last job for being late too many times and still got unemployment. it really depends on how your employer responds to the claim. sometimes they dont even fight it

I had a similar situation last year where I was basically being pushed out. I ended up quitting and filing for unemployment, claiming good cause. NYS Department of Labor initially denied my claim but I appealed with documentation of the harassment and won. The key is having proof that your employer created conditions that made it impossible to continue working. If you're going to try this route, make sure you have everything documented first.

If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was way easier than sitting on hold for hours trying to get clarification on my eligibility questions.

Just be careful about your approach here. Don't do anything that could be seen as trying to get fired on purpose - that can backfire. The NYS Department of Labor investigates these things and if it looks like you deliberately provoked termination, they might deny benefits anyway.

If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. It was really helpful when I needed to understand the specific rules around my termination and whether I'd qualify for benefits.

WHATEVER YOU DO, DON'T JUST STOP SHOWING UP! That's job abandonment and NYS Department of Labor will absolutely deny your claim. I made that mistake years ago and it took forever to get it sorted out. If you're going to leave, either quit with good cause (and have documentation) or try to get them to lay you off legitimately.

this whole system is so messed up... you can work somewhere for years and then they make your life hell but if you leave you might not get benefits. meanwhile people who barely worked get approved right away

I've been through something similar and the key thing I learned is that NYS Department of Labor really focuses on the employer's burden to prove misconduct. In my case, I was dealing with a supervisor who was creating impossible situations - giving contradictory instructions, setting unrealistic deadlines, then writing me up when I couldn't meet them. When I eventually got terminated for "performance issues," I was still approved for unemployment because the employer couldn't prove I was willfully violating policy or being insubordinate. The adjudicator told me that being bad at your job isn't misconduct if you're trying your best. Document everything though - dates, times, witnesses, emails. If your supervisor is creating a hostile environment, that paper trail will be crucial whether you end up getting fired or decide to quit for good cause.