NYS Department of Labor unemployment eligibility if you fire an employee - employer question
I own a small business in Rochester and had to terminate one of my employees last week for poor performance and attendance issues. They've been late multiple times and made several costly mistakes that I documented. Now they're saying they're going to file for unemployment benefits. Can they actually collect from NYS Department of Labor if I fired them for cause? I'm worried about my unemployment tax rate going up if they get approved. I have all the documentation but not sure what the rules are.
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Emma Davis
In NY, terminated employees can usually collect unemployment unless you can prove misconduct. Poor performance alone typically isn't enough to disqualify them - NYS Department of Labor looks for willful misconduct or violations of company policy. You'll need to respond to their claim with your documentation showing the specific policy violations and attendance issues.
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Javier Morales
•Thanks, that makes sense. I do have written warnings and our attendance policy clearly states the consequences. Should I wait for NYS Department of Labor to contact me or submit my documentation proactively?
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GalaxyGlider
omg this is exactly what happened to me last year!! my boss fired me for being late a few times but i still got my unemployment benefits. the state said it wasn't misconduct just poor performance. your employee will probably get approved unless you can prove they did something really bad
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Malik Robinson
•Same here - got fired for not meeting sales targets but NYS Department of Labor said that wasn't misconduct, just wasn't a good fit for the job.
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Isabella Silva
NYS Department of Labor will send you a notice when they file asking for separation details. You'll have about 10 days to respond with your side of the story. Include copies of write-ups, attendance records, policy violations, and any final warnings. The key is showing willful misconduct vs just not being good at the job. If you're having trouble reaching someone at NYS Department of Labor about the process, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent when I had questions about a former employee's claim. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works.
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Javier Morales
•That's really helpful about the timeline. I'll make sure to gather all my documentation now so I'm ready when they contact me.
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Ravi Choudhury
honestly the unemployment system is so messed up, they approve almost everyone these days regardless of why they got fired. i've seen people get benefits after stealing from their employer! the burden of proof is ridiculous for small business owners
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Emma Davis
•That's not accurate - theft would definitely be misconduct that disqualifies someone. NYS Department of Labor does investigate these cases but you have to provide proper documentation.
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Freya Andersen
Wait I'm confused about this whole thing. If someone gets fired can they always get unemployment? What if they were a terrible employee?
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Emma Davis
•Being a terrible employee isn't automatically disqualifying. NYS Department of Labor distinguishes between inability to do the job (still eligible) vs willful misconduct like violating clear policies (may be disqualified).
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