NYS Department of Labor unemployment if I get fired for performance - am I eligible?
My supervisor has been putting me on performance improvement plans and I'm pretty sure they're going to fire me soon. I've been trying my best but honestly the job isn't a good fit for my skills. If I get terminated for performance issues, can I still file for unemployment benefits with NYS Department of Labor? I've heard conflicting things about whether performance vs misconduct makes a difference. I really need to know what to expect since I'm the only income in my household right now.
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Dylan Cooper
Yes, you can typically collect unemployment if you're fired for performance issues rather than misconduct. NYS Department of Labor distinguishes between inability to do the job (performance) versus willful misconduct. Performance issues usually don't disqualify you from benefits. When you file your claim, be honest about the circumstances but emphasize that you were trying to meet expectations.
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Fatima Al-Suwaidi
•That's such a relief to hear! I was really worried I wouldn't qualify. Should I wait until I'm actually fired to file or can I start the process early?
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Sofia Morales
i got fired for performance last year and got my benefits no problem. just make sure you dont say anything that sounds like you were being lazy or not trying
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StarSailor
The key difference is misconduct versus inability to perform. If you're genuinely trying but struggling with the job requirements, that's not misconduct in NYS Department of Labor's eyes. Document everything - your efforts to improve, any training you received, communications with your supervisor. This can help if your employer contests your claim during the adjudication process.
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Fatima Al-Suwaidi
•I've been keeping emails and notes from our meetings. Good to know that might be useful later.
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Dmitry Ivanov
Just went through this exact situation! Getting through to NYS Department of Labor to check on my claim status was impossible with their phone system. I ended up using Claimyr (claimyr.com) to actually reach an agent - they have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get clarity on my eligibility when my claim was stuck in adjudication.
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Ava Garcia
•How long did it take to get through? I've been trying to call for weeks about my own claim.
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Miguel Silva
Don't let them intimidate you into thinking you can't collect! I've seen too many people get screwed over by employers who lie about the reason for termination. Performance issues are NOT the same as getting fired for stealing or showing up drunk. Stand your ground and file that claim!
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Zainab Ismail
Just remember you'll need to meet all the other requirements too - like doing your weekly claims and job search activities. The job search requirement is still 3 contacts per week I think?
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Dylan Cooper
•It's actually 3 job search activities per week, not necessarily contacts. Can include applications, networking events, career fairs, etc. NYS Department of Labor has the full list on their website.
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