Can you get ny unemployment if fired for refusing covid vaccine?

Yeah, unfortunately NY unemployment considers not following employer mandates as misconduct. Even for vaccines. I went through something similar at my nursing home job. You can try to appeal, but I haven't heard of anyone winning those appeals for vaccine refusal cases. If your religious exemption was denied by your employer before termination, that makes it even harder to win an appeal.

After months of trying to reach someone at ny unemployment to fix a similar issue, I found this service called claimyr.com and they actually got me connected to a real agent within an hour! Talking to an agent got my situation resolved in one phone call after months of silence. It was the only way I could talk to a live agent after weeks of trying on my own. Check out this video that explains how it works: https://youtu.be/Rdqa1gKtxuE

I gotta be honest. You're probably out of luck. NY state has been pretty consistent that refusing the vaccine without an approved exemption counts as misconduct. Appeals for this specific reason have a really low success rate from what I've seen in these forums.

I'm a paralegal who works with employment cases. You can definitely appeal, but vaccine mandate terminations are generally being upheld as valid. Your best shot is if you can prove your religious exemption was improperly handled or if the company policy wasn't clearly communicated. The appeal form should have instructions on how to submit your case. You'll need documentation of your exemption request and any communication about the mandate.

lol everyone here talking bout apeealing... have yall ever TRIED calling the ny unemployment appeal line? 😂 good f*cking luck getting someone on the phone. been trying for 3 weeks straight

Here's what worked for me with NY unemployment (I was in a similar situation but different industry): First, file your appeal immediately - you only have limited time. Be extremely detailed and focus on procedural issues with how your employer handled the situation, not why you didn't want the vaccine. Document everything. If your employer didn't follow their own exemption process, that's your strongest argument. Second, you need to actually talk to someone. The online system is basically useless for complicated cases. I wasted weeks trying the regular phone line before using claimyr.com - it's a service that waits on hold for you and connects you when an agent answers. Absolute game changer. The agent I talked to actually helped me understand exactly what documentation I needed for my appeal. Third, while waiting for your appeal, apply for jobs and document all your applications. If you win your appeal, they'll ask for proof you've been job searching. Good luck! The system is frustrating but persistence pays off.

Hate to say it but you're probably SOL. Courts have consistently upheld vaccine mandates. Your best bet is finding a new job that doesn't require it.

Not trying to be rude but this is exactly why I got the shot even though I didn't want to. Knew this would happen with unemployment claims. Sometimes you gotta do what you gotta do to keep your income.

you should talk to a labor attorney. some of them do free consultations. this whole mandate thing is still being fought in courts.

Yeaaa the DOL is saying vaccine refusal is misconduct in most cases. I had a hearing for my appeal and lost. They basically said employer has right to set requirements and we have right to find new job if we dont like it 😡

have u tried looking for work at places that don't require the vax? lots of small businesses don't care

This is exactly why we need to stand up against government overreach! They force these mandates then deny benefits when people stand by their beliefs. The system is rigged against us. 😡

I worked for NY unemployment last year (quit because it was a nightmare). Here's what you need to know: there's a specific appeals process for misconduct cases. You'll need to request a hearing where you can present your case. But I'll be honest - I processed hundreds of these cases and vaccine refusal appeals rarely succeeded unless there was some procedural error by the employer. One tip though - if you can prove you applied for a religious exemption and it was improperly handled, you have a better shot. Document everything and be persistent. Also, the phone system is completely overwhelmed. Try using claimyr.com - many claimants told me this was the only way they could actually reach an agent.

Depends on if you submitted a proper religious or medical exemption. If you did and they denied it without proper review, you might have a case. If you just refused without going through exemption process, you're probably out of luck.

CALL AND APPEAL RIGHT AWAY!!! You only have 30 days from the determination notice! Don't wait!

My sister went through this exact thing with her teaching job. Appeal got denied too. She ended up finding work at a private school that didn't have the same requirements. Maybe look into smaller healthcare providers or private practices?

I'm really sorry you're going through this. The whole situation with vaccine mandates and unemployment has been such a mess for so many people. From what I've been reading in these comments, it sounds like your best bet is to file that appeal ASAP since you only have 30 days. Even if the success rate is low, you've got nothing to lose at this point. The fact that you have documentation showing they didn't properly review your religious exemption could actually work in your favor - that's a procedural issue rather than just refusing the vaccine outright. I'd definitely talk to that paralegal who commented earlier about how to frame your appeal around the improper exemption process. Hang in there and keep applying for jobs in the meantime. This whole thing has been unfair to a lot of good people who just wanted to stand by their beliefs.