Can I get ny unemployment if fired for refusing vaccine mandate?

Unfortunately, in New York, if you don't comply with an employer mandate that's legal (which the vaccine requirement is for healthcare), it's considered misconduct and you'll probably be denied benefits. My cousin works in HR and said unemployment typically sides with employers on this issue. You can always apply, but prepare for a fight if you appeal.

After struggling with NY unemployment for weeks and getting nowhere on the phone, I found this service called Claimyr that got me through to an actual person at unemployment. They stayed on hold for me and then called when they got someone. Talking to a real agent got my issue resolved in one call! It was the best money I've spent during this whole ordeal. Check out their video: https://youtu.be/Rdqa1gKtxuE

I'm in the exact same situation but at a hospital. I applied for unemployment anyway and got denied, but I'm appealing. My argument is that the mandate changed AFTER I was hired so it wasn't the original condition of employment. Will update when I hear back.

This is a really complex situation with NY unemployment right now. I've been researching this extensively as I work in legal services. Here's what you need to know: NYSDOL is generally ruling that vaccine refusals without approved exemptions count as misconduct, which disqualifies you from benefits. However, there are some key factors that could help your case: - If you requested a religious or medical exemption that was denied without proper consideration - If the employer didn't properly communicate the policy or deadline - If other employees were treated differently under the same policy - If the termination paperwork doesn't specifically cite misconduct or insubordination Your best approach is to apply anyway, and if denied, immediately request a hearing. Document EVERYTHING - emails about the policy, your communications with HR, etc. If you're struggling to reach someone at unemployment (which is likely), I've had clients use claimyr.com to get through to an actual representative. Much better than waiting hours on hold. Hope this helps!

IANAL but you're screwed dude. NY is an at-will state and healthcare has ALWAYS required various vaccines. This is no different. My wife works at a big hospital in Buffalo and they've required flu shots for years.

I actually won my appeal for almost this exact situation! Apply and then when denied (which you probably will be initially) request a hearing ASAP. What helped me was showing that the policy was implemented with only 2 weeks notice and I had documented medical concerns (not a full exemption). The judge ruled it wasn't misconduct since I wasn't given reasonable time to comply.

totally off topic but has anyone else noticed that the ny unemployment website is down EVERY SINGLE NIGHT from like 12-7am? So annoying when I'm up late trying to certify 🙄

Doesnt matter why you got fired. Apply anyway. Always apply. Worst they can say is no and then you appeal. Don't leave money on the table cause you think you might not qualify.

This happened to my brother and he got denied UI but then got a job at a place with no vax requirement making more $ than before. There's places hiring that don't care about vax status, especially outside healthcare. Maybe try warehouses or remote work?

I couldn't get through to NY unemployment for DAYS about my similar situation. Phones always busy, website kept crashing. Finally found this service called Claimyr that got me connected to an agent. Worth every penny to finally get answers about my claim! claimyr.com saved my sanity for real.

Don't listen to people saying you have no chance. My wife got UI after being fired for no vax, but it took 3 appeals and 4 months. The key was that she had requested a medical exemption that they denied without proper review. Document EVERYTHING.

why don't u just get the shot lol

FYI the law specifically states that willful violation of employer's rules is misconduct. Mandates that comply with state guidelines = valid rules. Sorry but you're probably not gonna qualify. Apply anyway but prepare for worst case.

Nobody seems to be mentioning this, but your chances might depend on WHEN you were fired. The NY state healthcare worker mandate officially went into effect Sept 27, 2021. If your employer fired you before the official mandate, you might have a better case.

Yo anyone else's payments randomly stop for "verification" recently? I swear NY unemployment is finding any excuse to not pay people these days 😤