Can you collect unemployment if you get fired for a DUI in NY?
I got terminated last week after getting a DUI and my employer found out. HR said it was 'misconduct' but I'm not sure if this disqualifies me from getting unemployment benefits. The DUI happened off work hours and wasn't during company time, but I drive a company vehicle sometimes. Has anyone dealt with this situation before? I'm really stressed about paying my bills and need to know if I should even bother applying with NYS Department of Labor or if I'll just get denied automatically.
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Anastasia Fedorov
This is a complex situation that depends on several factors. If your job required driving and the DUI affects your ability to perform essential job functions, NYS Department of Labor might consider it misconduct connected to work. However, if driving wasn't a core requirement and the DUI occurred off-duty, you may have grounds to appeal if denied. You should definitely file your claim - don't assume you'll be denied. The worst they can say is no, and you can always appeal their decision.
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Diego Vargas
•Thanks for the response. Driving was only about 20% of my job duties, mostly for deliveries. Do you think that's enough to disqualify me?
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StarStrider
File the claim ASAP. I had a similar situation where I was fired for something that happened outside work and initially got denied. The key is in the appeal process - you need to show that your off-duty conduct didn't directly impact your work performance. Make sure you document everything about your termination meeting and keep all written communication from your employer. If you get stuck trying to reach someone at NYS Department of Labor about your case, I found claimyr.com really helpful - they have a service that gets you through to actual agents without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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Sean Doyle
•How long did your appeal take? I'm in a similar boat and worried about the timeline.
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Zara Rashid
honestly the whole system is messed up, they'll find any excuse to deny you benefits these days. I got denied for something completely ridiculous and had to fight for months. BUT you should still try because sometimes they approve cases that seem hopeless
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Luca Romano
Wait, so if you get a DUI they can fire you even if it's not at work?? That seems really unfair. I thought what you do on your own time is your business.
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Anastasia Fedorov
•It depends on your employment contract and whether your off-duty conduct affects your job duties. Many employers have policies about criminal convictions, especially for positions involving driving or operating machinery.
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Nia Jackson
My brother went through this exact thing 2 years ago. He got fired for DUI and they initially denied his unemployment but he appealed and won. The hearing officer said since he wasn't driving for work when it happened and it was his first offense, it wasn't willful misconduct. Definitely worth fighting if they deny you.
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Diego Vargas
•That gives me hope! Did he need a lawyer for the appeal hearing or did he represent himself?
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Nia Jackson
•He did it himself. Just brought documentation and was honest about what happened. The key was showing it was an isolated incident that didn't affect his work performance.
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