Can you get unemployment if you are fired for looking for another job in NY?
My manager found emails on my work computer showing I was applying to other companies during lunch breaks. They terminated me yesterday saying it was 'disloyalty' and 'misuse of company resources.' I wasn't doing anything during work hours, just checking job sites during my actual lunch time. Can I still file for NYS Department of Labor unemployment benefits or does this count as misconduct? I'm really worried they'll deny my claim since technically I was fired.
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Sofia Peña
This actually sounds like you have a good case for unemployment benefits. Job searching during your lunch break isn't misconduct - you're allowed to look for other work. The key question is whether your employer can prove you violated a clear company policy about computer use. Even then, NYS Department of Labor looks at whether the violation was willful and substantial. I'd file immediately and be honest about the circumstances when you certify.
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Hunter Hampton
•Thank you! Should I mention in my application that it was during lunch or just say I was terminated?
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Aaron Boston
ugh this happened to my coworker last year but they got approved after like a month of back and forth with adjudication
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Sophia Carter
File your claim right away and document everything. Keep copies of your lunch schedule, any employee handbook policies about computer use, and your termination paperwork. When NYS Department of Labor investigates, they'll contact your employer for their side of the story. If your employer claims misconduct, you'll get a chance to respond during the adjudication process. The fact that you were looking during authorized break time works in your favor.
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Chloe Zhang
•What if the company has a policy against using work computers for personal stuff? Does that automatically disqualify you?
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Sophia Carter
•Not automatically. NYS Department of Labor considers whether the policy was clearly communicated, whether the violation was significant enough to warrant termination, and if there were progressive discipline steps skipped. A minor computer policy violation during lunch probably isn't gross misconduct.
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Brandon Parker
I had such a hard time getting through to NYS Department of Labor when my claim went into adjudication for something similar. Spent weeks calling that 888 number and either getting busy signals or hung up on after waiting an hour. Finally used claimyr.com to get connected to an actual agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Got my issue resolved in one conversation instead of weeks of failed calls.
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Hunter Hampton
•How much does that service cost? I'm already stressed about money.
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Brandon Parker
•It's worth it when you consider how much unemployment money you might lose by not getting through. Way cheaper than missing weeks of benefits because you can't reach anyone.
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Adriana Cohn
The whole system is ridiculous! Employers can fire you for basically anything and then try to block your unemployment too. I got fired for being 5 minutes late ONCE and had to fight for months to get my benefits. NYS Department of Labor always sides with the employer first.
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Jace Caspullo
Same thing happened to me but with indeed alerts coming to my work email by accident... took forever to sort out but eventually got approved
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