Can I collect unemployment if I have been fired for poor performance in NY?

(New York)

Hello!

First of all, thank you in advance for your advice.

I was fired from my job suddenly and unexpectedly after about a year of work. Exact wording was that, "unfortunately, I was no longer a fit for the position." I had no idea my job was in jeopardy. I received no written warnings or write-ups except my standard PE (which always includes a set number of strengths and weaknesses) and a memo stating next steps for better managerial communication (approximately 1 month after a PE because my boss was extremely, extremely late with it). I did, however, receive verbal frequent feedback about my performance, but I never took it to mean that I was going to get fired. Objectively, I did my job adequately, but not well.

I am being offered a small severance package. Will I be able to collect unemployment? My reading of available materials states that yes since I did not do anything that can formally be considered misconduct, but I want to check.

Thank you again!

Yes, I think you should be able to receive benefits. New York Interpretation Index.

Inability is not misconduct. Carelessness and neglect of duties are misconduct. The term "not a good fit" does not imply misconduct .. it implies a mistake with the hiring decision.

Satisfactory performance evaluations are what an employer uses to prove you were capable of the job at one time and that the performance you were fired for must be misconduct because you "chose" not to do the job .. which of course is misconduct because doing a job to the best of our ability is a reasonable expectation of the employer.

Chris






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