Can you get unemployment if you get fired for misconduct in NY?

You can definitely still apply for unemployment benefits even if your employer claims misconduct. NYS Department of Labor will investigate the circumstances and make their own determination. The key is whether your actions rise to the level of 'misconduct' as defined by unemployment law, which is actually pretty specific. Simple policy violations or poor performance usually don't qualify as disqualifying misconduct. File your claim right away and let them investigate.

same thing happened to me couple months ago, got fired for being late too many times and they said it was misconduct but I still got my benefits approved after adjudication

The burden is on your employer to prove misconduct occurred. They have to provide documentation and evidence to NYS Department of Labor during the adjudication process. Even if there was a policy violation, it has to be willful and substantial to disqualify you from benefits. Things like honest mistakes, isolated incidents, or performance issues typically don't meet the misconduct standard. Make sure you respond promptly to any requests for information from NYS Department of Labor during their investigation.

I had trouble reaching NYS Department of Labor when I was going through something similar. If you need to talk to someone about your specific situation, I used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video showing how it works: https://youtu.be/qyftW-mnTNI. It was really helpful when I needed to explain my side of the story during the adjudication process.

The whole system is a joke anyway. They'll drag you through months of adjudication just to deny you in the end. Employers always win these disputes because the deck is stacked against workers. But yeah, you should still apply because you never know.

I went through something very similar last year. Got fired for what my employer called "misconduct" but it was really just a misunderstanding about a procedure. I was terrified I wouldn't get benefits, but I filed anyway within the first week. During the phone interview with the adjudicator, I calmly explained my side of the story and provided context they didn't have. Got approved about 3 weeks later. The key is to be honest, responsive, and don't let your former employer's version be the only one they hear. File ASAP because there are deadlines, and you can always appeal if the initial decision doesn't go your way.

I've been through this exact situation and want to echo what others have said - definitely file immediately! I was fired for what my employer claimed was "insubordination" but it was really just me questioning a safety procedure that seemed wrong. The NYS Department of Labor adjudicator spent about 20 minutes on the phone with me asking detailed questions about the incident, my employment history, and whether I had received any prior warnings. They also asked my former employer for documentation. The whole process took about 4 weeks, but I got approved because they determined my actions didn't meet the legal standard for misconduct. Don't let your employer's characterization discourage you from applying - you have nothing to lose and potentially everything to gain.

Don't let the misconduct claim scare you from filing - I've seen many cases where employers throw around that term loosely but can't actually prove it meets the legal definition. In New York, misconduct has to be deliberate, work-related, and substantially violate your employer's interests. Things like minor policy violations, accidents, or good faith disagreements usually don't qualify. File your claim immediately since there's a time limit, and be prepared to clearly explain your version of events if they schedule an adjudication hearing. Even if you're not sure about your chances, there's no penalty for applying and being denied, but there are serious consequences for not filing within the deadline. The worst thing that can happen is they say no - the best is you get the benefits you need while job hunting.

I was in almost the exact same boat about 8 months ago - got fired for what they called "misconduct" but was really just a disagreement over how to handle a customer complaint. I was so stressed thinking I'd be disqualified automatically, but everyone here is right - you absolutely should file right away! The NYS DOL really does investigate thoroughly and doesn't just take your employer's word for it. In my case, the adjudicator asked me tons of questions about the specific incident, my work history, any warnings I'd received, and gave me plenty of opportunity to explain my perspective. It took about 5 weeks total but I got approved because they determined it didn't meet the misconduct standard. The relief was incredible! Don't second-guess yourself - file today if you haven't already. Even if you're worried about the outcome, you need to get that application in within the time limit. You've got this!