Can I get unemployment if I get fired for background check issues in New York?
My employer just terminated me after my background check came back with some old stuff on it. I've been working there for 8 months with no problems, but they said they can't keep me due to company policy. The background check showed a misdemeanor from like 6 years ago that I thought wouldn't matter since I disclosed it during the interview process. Now I'm wondering if I can file for unemployment benefits through NYS Department of Labor or if this counts as being fired for cause? I really need the income while I look for another job.
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Adrian Hughes
You can definitely apply for unemployment benefits. Being terminated due to a background check doesn't automatically disqualify you from UI benefits in New York. The NYS Department of Labor will look at whether you were fired for misconduct connected to your work, not your background. Since you disclosed the information upfront and worked successfully for 8 months, this sounds like a policy change rather than misconduct. File your claim right away and explain the circumstances clearly.
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Lara Woods
•Thank you! I was worried they'd deny my claim automatically. Should I mention that I disclosed everything during the hiring process?
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Molly Chambers
Had something similar happen to a friend of mine. The key thing is that you weren't fired for something you did AT work. Background check terminations usually don't count as misconduct for unemployment purposes. Make sure when you file your weekly claims you explain exactly what happened - that it was a policy issue, not performance or behavior related.
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Ian Armstrong
•This is good advice. I got approved for benefits after being let go for similar reasons. Just be honest about everything when you file.
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Eli Butler
OMG this is so unfair!! Companies shouldn't be able to fire people for old stuff that has nothing to do with the job. I hope you get your benefits approved. The NYS Department of Labor system is confusing enough without worrying about whether you'll even qualify. Did they give you any severance at least?
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Lara Woods
•No severance unfortunately. They said it was immediate termination due to policy violation even though I've been a good employee.
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Marcus Patterson
I went through a nightmare trying to get through to NYS Department of Labor agents when I had questions about my claim status. If you need to speak with someone directly about your specific situation, I found this service called Claimyr (claimyr.com) that actually gets you connected to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting busy signals when I needed clarification about my disqualification appeal.
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Lydia Bailey
•Interesting, never heard of that before. Might be worth checking out if the regular phone lines are still impossible to get through.
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Mateo Warren
yeah you should be fine for benefits. i got fired for failing a drug test years ago and still got unemployment (different situation but point is they dont just deny everyone who gets fired). background check stuff is usually not considered work misconduct unless you lied about it which it sounds like you didn't
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Molly Chambers
One more thing - when you file, be prepared for the employer to contest your claim. They might argue it was misconduct even though it wasn't work-related. If that happens, you'll get a chance to explain your side during the adjudication process. Keep any documentation showing you disclosed the background information during hiring.
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Lara Woods
•Good point about keeping documentation. I do have emails from when I first disclosed everything to HR during the hiring process.
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