Fired During Seasonal Layoff New York

[rudy522]

I was fired today. According to my boss I was fired for the "numerous mistakes I have made" I have been at the job for less than six months. This is the off season and they typically lay people off because the business is seasonal. Today marks the beginning of the off season and much of the business is closed. My question is, can I collect unemployment? What would be the motivation to fire me for previous mistakes now instead of just laying me off with the other employees at the end of last week?

Thank you for your help.

[mlane58]

I was fired today. According to my boss I was fired for the "numerous mistakes I have made" I have been at the job for less than six months. This is the off season and they typically lay people off because the business is seasonal. Today marks the beginning of the off season and much of the business is closed. My question is, can I collect unemployment? What would be the motivation to fire me for previous mistakes now instead of just laying me off with the other employees at the end of last week?

Thank you for your help.

No one here can tell you what the motivatuion of the employer is. You can certainly apply for UEI, whether you are granted benefits or not will be up to the state and the reason/s you were terminated and what they deem to be qualifying.

[rudy522]

The question is not really his intentions. Basically, I am wondering if he is trying to get out of paying me unemployment. Today is the first day the business is closed. All scheduled events are done. Today I get fired. I just think the timing is suspect and am wondering how I could go about presenting it to NYS if I should be denied benefits.

[rjc]

Cart before the horse ...

File first and let the DOL determine your eligibility based on the reasons surrounding your separation. You were discharged, therefore you employer bears the burden to demonstrate willful and deliberate misconduct in order for you to be determined ineligible. Anything they provide in an effort to prove willful misconduct will be disclosed to you in order to offer rebuttal before an initial determination is rendered.

In general, "poor performance" is not grounds for a disqualification because it is almost impossible to prove an employee intentionally performed his/her duties unsatisfactorily.

[rudy522]

Thank you very much for your prompt response. I appreciate it!