What to say to NYS Department of Labor unemployment when fired - need help with my claim
I got terminated from my job last week and I'm really stressed about filing for unemployment. My supervisor said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I complained about unsafe working conditions. I know NYS Department of Labor is going to ask why I was fired when I file my claim. What should I tell them exactly? Should I mention the safety complaints I made or just stick to what my employer said? I'm worried if I say the wrong thing they'll deny my benefits. Has anyone been in this situation before?
7 comments
Join the conversation
Connor Murphy
Be honest but strategic about this. When NYS Department of Labor asks about your separation, you want to tell your side clearly. If you were fired for what they call 'performance issues' but you believe it was retaliation for safety complaints, mention both. Document everything - emails about safety concerns, any performance reviews, witness contacts. The key is showing you didn't commit misconduct that would disqualify you from benefits.
0 coins
QuantumQuest
•Thank you, that's really helpful. I do have emails where I reported the safety issues. Should I upload those when I file my initial claim or wait until they ask for documentation?
0 coins
Yara Haddad
ugh this happened to me too last year except they said 'budget cuts' then hired someone else 2 weeks later for my exact position!! i was so mad but unemployment approved my claim anyway. just tell them exactly what happened and let them sort it out with your employer
0 coins
Keisha Robinson
Here's what matters to NYS Department of Labor: they need to determine if you were fired for misconduct or not. Performance issues usually don't count as misconduct unless you were willfully ignoring job duties. Retaliation for safety complaints could actually work in your favor. When you file, state clearly that you were terminated for alleged performance issues but you believe it was retaliation for reporting workplace safety violations. Keep it factual and brief.
0 coins
Paolo Conti
•This is solid advice. I had trouble getting through to NYS Department of Labor when my claim went into adjudication for something similar. If you need to actually talk to someone there, I found claimyr.com really helpful - they can get you through to an actual agent instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
0 coins
Amina Sow
Whatever you do don't lie to them! They will find out and then you'll be in even worse trouble. I know someone who tried to hide why they got fired and they ended up having to pay back all their benefits plus penalties.
0 coins
GalaxyGazer
NYS Department of Labor sees this stuff all the time unfortunately. Performance issues vs misconduct is a big distinction for them. Like if you were late all the time or refused to do your job that's misconduct. But if they're saying you weren't meeting metrics or productivity standards, that's usually not considered misconduct that would disqualify you. The safety complaint angle might actually strengthen your case if you can show the timeline of when you made complaints vs when the 'performance issues' started being documented.
0 coins