NYS Department of Labor unemployment eligibility if terminated - what qualifies?
I'm in a really difficult situation at my current job and honestly thinking about ways to get out while still being able to collect unemployment benefits. I know you can't just quit and get UI, but what about getting fired? Does NYS Department of Labor have specific rules about what kind of termination qualifies you for benefits? I've been at this company for 2 years and the work environment has become toxic but I can't afford to just walk away without some kind of income. Has anyone been through this process before?
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Axel Far
You need to be very careful here. NYS Department of Labor will investigate any termination to determine if you were fired for misconduct. If they find you deliberately got yourself fired, that's considered misconduct and you'll be disqualified from receiving benefits. However, if you're fired for reasons beyond your control (like poor performance that isn't willful, company downsizing, or inability to meet job requirements despite good faith effort), you may qualify. The key is that it can't be intentional misconduct on your part.
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Kaitlyn Otto
•So if I just stop performing well at work, would that count as misconduct? I'm not talking about doing anything malicious, just maybe not putting in 100% effort anymore.
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Jasmine Hernandez
honestly this sounds like a bad idea... why not just start looking for another job while you're still employed? that way you dont have to deal with unemployment at all
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Kaitlyn Otto
•I've been looking but the job market in my field is really slow right now. I need something to bridge the gap.
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Luis Johnson
I went through something similar last year. Got fired for what my employer called 'performance issues' but I was able to collect unemployment because I could prove I was trying to do the job correctly. NYS Department of Labor looks at whether you had willful misconduct or just couldn't meet the requirements despite good faith effort. Document everything if you think termination might happen - emails, performance reviews, any training you received. If you deliberately underperform though, that could be seen as misconduct.
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Ellie Kim
•How long did it take for your claim to get approved? I heard they really scrutinize termination cases.
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Fiona Sand
If you're having trouble reaching NYS Department of Labor to ask about this stuff directly, I used a service called 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. I was stuck trying to call for weeks about my own termination situation and they got me connected within a few hours. Really helped me understand exactly what documentation I needed for my case.
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Kaitlyn Otto
•Thanks, I might check that out. The phone lines are always busy when I try to call.
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Mohammad Khaled
Whatever you do, don't try to game the system. NYS Department of Labor has seen every trick in the book and they WILL find out if you deliberately got yourself fired. Better to focus on building a case for constructive dismissal if the work environment is truly toxic - document harassment, unsafe conditions, or unreasonable demands that make the job impossible to perform.
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