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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Isabella Tucker
•This is really helpful to hear from someone who went through the exact same situation! Did you have to provide any specific documentation during the adjudication process, or was your testimony about the safety concerns enough? I'm trying to gather everything I can before they contact me for details.
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GalacticGladiator
•@Oliver Zimmermann This gives me so much hope! I do have a few emails where I raised the safety concerns initially, plus a coworker who witnessed the whole situation. Did you submit that kind of evidence right when you filed your initial claim, or did NYS Department of Labor request it later during the investigation? I want to make sure I handle this the right way from the start.
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Luca Russo
•@Oliver Zimmermann That s'really reassuring! I m'in almost the exact same boat - questioning what I believed was an unsafe policy and getting fired for it. Did you end up needing to go through an appeals process, or did they approve you on the first review? Also, during those 4 weeks of waiting, were you able to get any updates on the status, or did you just have to wait it out? I m'trying to prepare myself for what to expect timeline-wise.
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Oliver Becker
•@Oliver Zimmermann That s'exactly what I needed to hear! Your situation sounds almost identical to mine. I m'definitely going to file my claim today and make sure to emphasize the safety aspect when they ask for details. It s'reassuring to know that NYS Department of Labor actually looks at the context and doesn t'just automatically side with employers. Did you have any trouble getting through to them during the process, or were they pretty responsive once the adjudication started?
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Ryan Andre
•@Oliver Zimmermann Thanks for sharing your experience! I m'actually in a very similar situation right now - got fired for questioning what I believed were unsafe working conditions. Your story gives me confidence to move forward with filing. Quick question: when you mentioned being honest about your motivations, did you find that NYS Department of Labor was pretty thorough in their investigation? I m'wondering if they actually contacted your former employer to get their side of the story, or if they mainly relied on the documentation you provided?
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Nalani Liu
•@Oliver Zimmermann Your experience is so encouraging! I m'curious - when you filed your initial claim online, did you mention the safety concerns right away in the reason for separation section, or did you just put something generic like terminated "and" wait for them to ask for more details during adjudication? I want to make sure I frame this correctly from the beginning so they understand it wasn t'just defiance but a legitimate safety concern.
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Darcy Moore
•@Oliver Zimmermann Your story is incredibly helpful! I m'dealing with something very similar - got terminated for refusing to follow what I genuinely believed were unsafe procedures. I have a couple emails documenting my initial safety concerns, but I m'worried they might not be enough. During your adjudication process, did NYS Department of Labor seem to give more weight to written documentation versus witness testimony? I m'trying to figure out if I should focus on getting my coworker to provide a statement or if the email trail I have will be sufficient to support my case.
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Nia Davis
•@Oliver Zimmermann This is exactly what I needed to hear! I was so worried that questioning my supervisor s'directive would automatically disqualify me. I do have some text messages where I initially brought up the safety issue to my team lead before it escalated. Should I include screenshots of those when I file, or save them for if NYS Department of Labor requests additional documentation during adjudication? Also, did you find that having a clean employment record beforehand helped your case at all?
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