Can you get unemployment if you get fired for misconduct in NY?
I got terminated last week and my former employer is claiming it was for misconduct. Without getting into too many details, there was an incident at work involving company policy violations. I'm wondering if I can still file for unemployment benefits through NYS Department of Labor or if this disqualifies me automatically? Has anyone been in a similar situation where they were fired for misconduct but still got approved for UI benefits? I'm really stressed about this because I need the income while I look for another job.
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Ellie Lopez
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.
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Lauren Wood
AuthorThanks, that's reassuring. Should I mention the incident when I file or just answer their questions honestly if they ask?
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Chad Winthrope
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
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Lauren Wood
AuthorHow long did the adjudication process take? I'm worried about how I'll pay bills if it drags on for weeks.
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Paige Cantoni
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.
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Kylo Ren
This is exactly right. I work in HR and most employers don't realize how high the bar is for proving misconduct. Unless it's something like theft or violence, employees usually get approved eventually.
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Nina Fitzgerald
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.
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Jason Brewer
Never heard of that service before. Did they charge you a lot to help get through?
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Nina Fitzgerald
It was worth it for me since I couldn't get through on my own after trying for days. They focus on helping you reach the right person rather than giving advice.
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Kiara Fisherman
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.
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Ellie Lopez
That's not really accurate. Statistics show that employees win misconduct disputes more often than employers do, especially when the employee responds with their side of the story.
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Makayla Shoemaker
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.
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