Unemployment Benefits in New York

Question

My at-will contract was terminated a few months ago with a veiled explanation of 'performance issues' even though none was communicated to me during my employment. I didn't receive any information from my employer about unemployment benefits. If I apply for those benefits in New York, will I be able to receive them? Will my 'performance issues' prevent me from receiving benefits? Please help!

Anonymous · Answer

I was in this exact situation a few months ago. They said I was terminated for “performance”. I had a slew of emails I had forwarded to my private account demonstrating my successes. The company I worked for had NO written record of said “poor performance” and I quickly won my case with the unemployment office due to this. They have to provide proof for your benefits to be denied. Make a strong case, gather written statements from former coworkers or professionals and send them in if you’re initially denied benefits. The company won’t have the time or resources to combat it, and if they do, they still lose because they communicated NONE of it to you.

Charlotte F. Polando · Answer

You may not qualify for benefits due that you were terminated for performance issues. But a big but, you could qualify because your employer did not give you any warnings or reviews to correct the issues. As long as you can prove it. I would still file for unemployment let the NY unemployment office know what happened and they have to do a 2-3 week investigation with HR. If your former employer does not respond in that time frame you can receive benefits. Apply ASAP. Good Luck.

Monica C Tomchick · Answer

I am in Washington state, but if there are no previous warnings or coaching plans, employees win their unemployment claims.

Kim Warner · Answer

I am in California, and I know that here the onus is on the employer to demonstrate that the employee was terminated or 'fired' due to performance issues, versus merely laid off, and that the evidence must be documented, in writing, and you must receive a copy.

ANDREA HERRERA · Answer

The standard to disqualify a person is fairly high in NY. Misconduct is different than performance.  Especially if there was no documentation.   Apply ASAP.

Unemployment Benefits in New York

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