Can you get unemployment for insubordination in NYS - NYS Department of Labor decision?
My supervisor fired me last week for what they're calling 'insubordination' but I think it's totally unfair. I questioned a safety policy that seemed dangerous and refused to follow it when they insisted. Now I'm wondering if I can still file for unemployment benefits with NYS Department of Labor or if this disqualifies me automatically? I've been working there for 2 years with no other issues. Has anyone dealt with something like this before? I really need the income while I look for another job.
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Zara Ahmed
Insubordination cases aren't automatically disqualifying - NYS Department of Labor looks at the specific circumstances. If you refused to follow an unsafe directive, that could actually work in your favor. You should definitely file your claim and explain your side during the adjudication process. They'll investigate both your version and your employer's version before making a decision.
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Sean O'Donnell
•That's encouraging to hear! Should I mention the safety concerns when I file online or wait until they ask for more details?
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StarStrider
File immediately!! Don't wait. I got fired for 'attitude problems' last year and still got approved after adjudication. It took like 5 weeks but NYS Department of Labor sided with me because my employer couldn't prove I was actually insubordinate.
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Luca Esposito
•Same thing happened to my brother. The key is documenting everything - do you have any emails or witnesses about the safety issue? That kind of evidence really helps during the adjudication review.
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Nia Thompson
Wait, I'm confused about this whole process. If they fire you for cause, doesn't that automatically disqualify you from UI benefits? I thought insubordination was considered misconduct?
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Zara Ahmed
•Not necessarily! NYS Department of Labor distinguishes between different types of misconduct. Simple insubordination might not rise to the level of 'misconduct in connection with work' that would disqualify you. It depends on the severity and circumstances.
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Mateo Rodriguez
I had such a hard time getting through to NYS Department of Labor when my claim went into adjudication for a similar issue. Kept getting disconnected or put on hold forever. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent who could explain what was happening with my case. There's even a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Way better than spending hours trying to call.
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Sean O'Donnell
•How much does something like that cost? I'm already stressed about money.
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Mateo Rodriguez
•It's worth checking out their site for details, but honestly when you're dealing with weeks of adjudication delays, sometimes you need that direct contact with NYS Department of Labor to get answers.
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Aisha Abdullah
The whole system is so frustrating! They make you jump through hoops to prove you deserve benefits even when your employer was clearly in the wrong. I hope you get approved but be prepared for a fight.
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Ethan Wilson
•Agreed, but don't give up! The appeals process exists for a reason if they initially deny you.
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Oliver Zimmermann
I went through something similar about 6 months ago - questioned a policy that I felt was putting employees at risk and got terminated for "defying management." NYS Department of Labor actually approved my claim after adjudication because they determined that refusing to follow potentially unsafe directives doesn't constitute willful misconduct. The key is being honest about your motivations and having any documentation about the safety concerns. It took about 4 weeks for them to make their decision, but it was worth the wait. Don't let your employer intimidate you into not filing - you have every right to apply and let NYS Department of Labor make the determination.
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