Can you get NYS Department of Labor unemployment benefits if you get fired for stealing?
My friend got terminated last week and they're claiming it was for theft but honestly the whole situation seems sketchy to me. They worked at a retail store for 2 years with no issues and suddenly management is saying they stole merchandise. There were no witnesses and no video evidence that I know of. Can they still file for unemployment benefits with NYS Department of Labor or does any theft accusation automatically disqualify you? I'm trying to help them figure out their options because they have rent due next week.
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Luca Marino
Misconduct disqualifications are really tricky with NYS Department of Labor. If the employer can prove willful misconduct connected to work, it usually results in disqualification. However, the key word is 'prove' - your friend should definitely file for unemployment anyway because the burden is on the employer to provide evidence. They'll need to document their side of the story during the adjudication process.
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Zara Malik
•That makes sense about the proof part. Should they gather any documentation before filing or just go ahead and submit the claim?
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Nia Davis
yeah this happened to my cousin and she got denied initially but then won on appeal. The company couldn't actually prove anything concrete so the hearing officer ruled in her favor. definitely worth fighting if there's no solid evidence
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Mateo Perez
•The appeal process is crucial here. Even if NYS Department of Labor initially disqualifies the claim, they have the right to request a hearing where both sides present evidence. During the hearing, inconsistencies in the employer's story often become apparent.
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Aisha Rahman
Wait I'm confused about this whole thing... if you get fired for ANY reason don't you automatically not get unemployment?? I thought that was how it worked. My brother got fired for being late too many times and never even tried to file.
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Luca Marino
•That's a common misconception! Getting fired doesn't automatically disqualify you from unemployment. NYS Department of Labor distinguishes between being fired for misconduct (which can disqualify you) versus being fired for poor performance or other non-misconduct reasons (which usually doesn't disqualify you).
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CosmicCrusader
I had a nightmare trying to reach NYS Department of Labor when I was dealing with a misconduct disqualification last year. Kept getting disconnected or put on hold for hours. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent who could explain my options. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made a huge difference in understanding what I needed to do for my appeal.
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Zara Malik
•Thanks for the tip! Getting through to someone who can actually help seems like it would be really valuable in this situation.
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Ethan Brown
honestly the whole unemployment system is rigged against workers anyway. employers can basically say whatever they want and nysdol just believes them most of the time. your friend should file but don't get hopes up too high
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Mateo Perez
•While I understand the frustration, that's not entirely accurate. NYS Department of Labor does investigate misconduct claims and employers must provide documentation. The adjudication process exists specifically to review these cases fairly.
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Yuki Yamamoto
Tell your friend to file ASAP regardless! There's a time limit and even if they get initially denied they can always appeal. Better to have the claim in the system than miss the deadline completely.
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Nina Chan
From what I understand about NYS Department of Labor rules, theft accusations fall under "misconduct" which can disqualify someone from benefits - BUT the employer has to actually prove it happened. If there's no video evidence, witnesses, or documentation, that's going to be really hard for them to do. Your friend should definitely file the claim immediately since there are strict deadlines. Even if they get initially denied, they can appeal and request a hearing where both sides present their evidence. The lack of proof will likely work in their favor during the appeal process. Don't let the accusation alone stop them from trying - the system is designed to give people a fair chance to dispute these claims.
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Louisa Ramirez
•This is really helpful advice! The timeline aspect is something I hadn't considered - when you say there are strict deadlines, do you know how long your friend has to file after being terminated? I want to make sure we don't miss any important windows while we're trying to figure out the best approach.
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