Legal Question in Employment Law in New York

I got laid off 2 weeks ago and unemployment office wanted to conduct a phone interview. I was never given nor did I ask for the reason for being fired so I called my ex employer and informed them of the phone interview and that I needed to know why I was let go. HR told me that they would say I was laid off and still never said the reason as to why I was fired. I had the unemployment interview today and I told them I was laid off, they then called my ex employer to as the reason. HR told unemployment that I was fired cause of performance and that it should have been of no surprise to me and that HR had given me warnings. But it was a surprise to me and I was never told that I was given a warning. Of course there is more to go with this situation but I just wanna know do I have a case or not to waste my time?


Asked on 4/06/10, 11:30 am

1 Answer from Attorneys
John W. DeHaan DeHaanBusse LLP

In New York, you are eligible for unemployment benefits if your employment was terminated for performance issues. Therefore, if your employer reported to NYS Unemployment that you were fired because of performance, then your claim should be approved (assuming you meet the other qualifications for benefits), and you have not been harmed.

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Answered on 4/12/10, 7:56 am


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