Can I get NY unemployment if fired for refusing Covid vaccine? Need urgent advice

Unfortunately, NY unemployment generally considers refusing to follow a workplace requirement (like mandatory vaccination) as misconduct that disqualifies you from benefits. The NYSDOL typically sides with employers when an employee is terminated for not following documented policies, especially in healthcare settings where vaccine requirements have been upheld as reasonable conditions of employment.

I kno someone who got fired 4 this and they DID get benefits!! you should still apply anyway, sometimes they approve you if you explain your reasons good enough. worst they can say is no right??

This is actually a complicated question with no absolute answer. While refusing to comply with an employer's policy can be considered misconduct, there are factors that might help your case: 1. Did you request a religious or medical exemption before being terminated? 2. Do you have documentation of your reasons for refusal? 3. Was the policy clearly communicated with sufficient notice? 4. Are there any special circumstances in your specific situation? I would recommend applying anyway. If denied, you have the right to appeal and present your case at a hearing. Many initial denials are overturned on appeal when more details are considered.

THE SYSTEM IS RIGGED!! I went through EXACT same thing last year with my job at a nursing home. They DENIED me because supposedly I "violated company policy" but it was MY BODY MY CHOICE!!! I appealed TWICE and they still denied me. The whole system is corrupt - they just want to punish people who don't follow the narrative!!!

I went through something similar in January. File your claim immediately and be honest but strategic in how you describe what happened. Don't say you "refused" - instead explain that you "sought accommodation for your sincere personal/religious beliefs" that wasn't granted. When I couldn't get through to anyone at unemployment to discuss my complicated situation, I used a service called Claimyr (claimyr.com) that got me connected to an actual agent in about 20 minutes instead of spending days trying to get through. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I spoke with explained exactly what documentation I needed for my appeal and it made all the difference. Worth trying if you can't get through on your own.

My daughter works at the unemployment office (not in NY though) and she says they look at the specific employer policy and how it was implemented. Like if they just sprung it on you suddenly vs giving proper notice, or if they offered alternatives like regular testing instead of vaccination. Did your employer offer any alternatives?

Honestly just apply anyway. My brother in law got fired for something similar (not vaccine but refusing to comply with something) and he still got approved. The worst thing that happens is they say no.

To clarify some misinformation in this thread: NY Unemployment Insurance is not automatically denied for all vaccine-related terminations. Each case is evaluated individually based on: 1. Whether the employer had a clearly documented policy 2. Whether the policy was reasonable for the position/industry 3. Whether the employee was properly notified 4. Whether exemptions were properly handled 5. Whether alternatives were offered Healthcare settings have stricter standards since the courts have generally upheld vaccine requirements as reasonable in those environments due to patient contact. But you should absolutely apply and appeal if denied initially.

i think it depends on if vaccine was required when u were hired?? if they changed the rules after u already worked there thats diffrent than if u knew about it when u took the job

Something kinda related - my friend wasn't vaccinated but got laid off for "budget cuts" even though they only laid off unvaccinated people. She got unemployment no problem because on paper it was a layoff not a firing for cause. Just mentioning in case that helps someone.

UPDATE FOR 2025: The most recent NYSDOL guidance on this issue states that vaccine mandate terminations are evaluated case-by-case. Key factors include: • Whether the mandate was clearly communicated • Whether it was uniformly enforced • Whether exemption requests were properly evaluated • Whether the mandate was reasonably related to job duties Healthcare workers face a higher bar for unemployment eligibility in these cases because patient safety is considered a paramount concern, but it's not impossible. Document everything, apply promptly, and be prepared to appeal if necessary.