What to put on NYS Department of Labor unemployment application if fired - need advice
I got terminated from my job last week and I'm filling out my unemployment application on my.ny.gov but I'm stuck on the section asking about why I'm no longer working. They fired me for what they called 'performance issues' but honestly I think it was retaliation because I complained about my supervisor. Should I put that I was fired or is there a better way to word it? I'm worried if I say fired they'll automatically deny my claim. Has anyone dealt with this before? What exactly should I write in the reason for separation box?
10 comments
Join the conversation
Nia Thompson
You should be honest about being terminated but you can explain the circumstances. In the reason for separation section, put 'terminated by employer' and then in the additional details explain that you believe it was retaliatory after filing a complaint about your supervisor. NYS Department of Labor will investigate both sides of the story during adjudication. Being fired doesn't automatically disqualify you - it depends on whether it was for misconduct or not.
0 coins
Luca Greco
•Thank you! Should I mention the performance issues they cited or focus more on the retaliation aspect? I have emails that show the timeline of my complaint vs when they started documenting performance problems.
0 coins
Mateo Rodriguez
i got fired last year and still got benefits, just be honest about what happened and let them figure it out during the investigation thing
0 coins
Aisha Hussain
The key is to be truthful but strategic. Put 'involuntary termination' as the reason and provide a clear timeline in the explanation. Save all your documentation - emails, performance reviews, complaint records. During adjudication, NYS Department of Labor will contact your employer for their side. If you have evidence of retaliation, make sure to submit it when they ask for additional information. The burden is on your employer to prove misconduct, not on you to prove innocence.
0 coins
GalacticGladiator
•This is really helpful! How long does the adjudication process usually take? I'm worried about how I'll pay rent while they investigate.
0 coins
Ethan Brown
Whatever you do DON'T lie on the application. I know someone who got caught lying and they had to pay back everything plus penalties. The NYS Department of Labor will find out the truth anyway when they contact your employer. Just tell your side of the story honestly.
0 coins
Yuki Yamamoto
I had a similar situation where I couldn't get through to anyone at NYS Department of Labor to ask questions about my claim. If you need to talk to someone about your specific situation, I found this service called Claimyr at claimyr.com that actually got me connected to a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super helpful when I was stuck on the application questions.
0 coins
Luca Greco
•Thanks for the suggestion! Did they help you figure out what to put for reason of separation too?
0 coins
Carmen Ruiz
omg this whole system is such a nightmare!! I've been waiting 3 weeks just to hear back about my application and when I call the phone number it just hangs up on me after being on hold forever. How are we supposed to survive while they take their sweet time deciding if we deserve help???
0 coins
Mateo Rodriguez
•yeah the wait times are brutal but once it goes through you get back pay for all the weeks you certified
0 coins