What are all the reasons you can get unemployment benefits through NYS Department of Labor?
I'm trying to help my sister figure out if she qualifies for unemployment. She got let go from her retail job last month but her manager said something about it being 'performance related' which has her worried she won't qualify. I know there are different reasons you can get unemployment but I'm not sure what they all are. Can someone break down all the valid reasons NYS Department of Labor will approve benefits? I want to make sure we understand all the possibilities before she files her claim.
11 comments


Beth Ford
The main qualifying reasons for NYS unemployment benefits are: laid off due to lack of work, company downsizing or closure, seasonal work ending, reduced hours below full-time, discharged for reasons other than misconduct, and quit for good cause (like unsafe working conditions or harassment). Performance issues usually don't disqualify you unless it involves willful misconduct or policy violations.
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Atticus Domingo
•That's really helpful! So if it was just performance and not like stealing or breaking rules, she should still qualify?
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Morita Montoya
dont forget about constructive discharge too - thats when they make your job so miserable you have to quit but its really like being fired. also partial unemployment if your hours got cut way down
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Kingston Bellamy
I had a similar situation where I was terminated for 'performance' but it was really because they were cutting costs. NYS Department of Labor approved my claim after I explained the circumstances during the phone interview. The key is being honest about what happened and providing documentation if you have it. Your sister should definitely file - the worst they can say is no, and she can always appeal if denied.
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Joy Olmedo
•How long did it take for them to make a decision on your claim? I'm in adjudication right now for something similar and getting anxious about the wait.
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Isaiah Cross
Here's what I've learned after dealing with NYS Department of Labor multiple times - you can get benefits if you're: unemployed through no fault of your own (layoffs, business closure), partially unemployed (hours reduced significantly), temporarily unemployed (seasonal work), or if you quit for compelling reasons like workplace safety issues, discrimination, or significant changes to your job duties/pay. Performance termination usually qualifies unless it involved serious misconduct like theft, violence, or repeatedly violating clear policies after warnings.
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Kiara Greene
ugh the whole system is so confusing! I got denied initially because they said I 'abandoned my job' when really I had to quit because my boss was making inappropriate comments and I felt unsafe. Had to go through a whole appeal process to get it sorted out
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Beth Ford
•That's exactly the kind of situation that should qualify as 'good cause' for quitting. I'm glad you appealed and got it resolved!
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Kingston Bellamy
If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I recently discovered this service called Claimyr (claimyr.com) that actually gets you through to speak with real agents. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call and getting busy signals when I needed to clarify some details about my claim status.
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Atticus Domingo
•Interesting, I'll check that out if we run into issues with her application. Thanks for sharing!
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Morita Montoya
tell your sister to file asap even if shes not 100% sure. the longer you wait the more weeks of benefits you lose. she can always provide more info during the adjudication process if they need it
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