Can you get unemployment if you point out safety violations at work?
I'm in a really tough spot right now. I've been working at a construction company for about 8 months and there were some serious safety issues I kept bringing up to my supervisor. We had scaffolding that wasn't properly secured and some electrical work that didn't look right. I documented everything and even sent emails about it. Last week they let me go saying it was due to 'restructuring' but I'm pretty sure it's because I kept pushing about the safety stuff. Can I still file for unemployment benefits with NYS Department of Labor? I'm worried they'll say I was fired for cause or something. Has anyone dealt with this kind of situation before?
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Anastasia Fedorov
Yes, you absolutely can file for unemployment in this situation! NYS Department of Labor protects workers who report safety violations. This sounds like wrongful termination and you should definitely apply for UI benefits. When you file your claim, make sure to explain that you were terminated for reporting safety concerns. Keep all those emails and documentation you mentioned - you'll need them if your employer contests the claim.
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CosmicCruiser
•Thank you so much! I was really worried about this. Do I need to mention the safety reporting right when I file online or wait until they ask for more details?
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Sean Doyle
same thing happened to my brother last year, he got his unemployment approved after they tried to fight it
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CosmicCruiser
•That's encouraging to hear! How long did the whole process take for him?
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Zara Rashid
File immediately and be completely honest about everything. NYS Department of Labor takes whistleblower protection seriously. You'll want to file your weekly claims right away even if your employer contests it. The adjudication process might take a few weeks but with your documentation, you should be fine. Also consider filing a complaint with OSHA about those safety violations if you haven't already.
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CosmicCruiser
•I hadn't thought about OSHA but that's a good point. Should I wait until my unemployment claim is resolved or can I do both at the same time?
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Zara Rashid
•You can absolutely do both at the same time. In fact, having an OSHA complaint on file might actually help support your unemployment claim if your employer tries to contest it.
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Luca Romano
The whole system is so messed up! Companies think they can just fire people for speaking up and get away with it. At least NYS Department of Labor usually sides with the worker in these cases but it's still stressful having to fight for what should be automatic.
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Nia Jackson
•totally agree, it's ridiculous that workers have to worry about this stuff
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NebulaNova
I had trouble getting through to NYS Department of Labor when my claim went into adjudication for a similar issue. Spent weeks trying to call and explain my situation. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier when I could actually talk to someone about my case.
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CosmicCruiser
•Oh wow, I didn't know there were services like that. If my claim gets complicated I might need to look into that option.
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Sean Doyle
•how much does something like that cost?
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NebulaNova
•It was worth it for me just to get through and resolve everything quickly rather than waiting weeks trying to call on my own.
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Mateo Hernandez
This reminds me of when I got laid off from my restaurant job last year. Different situation but I was also worried about whether I'd qualify. The NYS Department of Labor process was actually pretty straightforward once I got started. Just make sure you file your weekly claims on time every week no matter what!
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CosmicCruiser
•Good reminder about the weekly claims - I don't want to mess that up if I do get approved.
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Jean Claude
I went through something similar about a year ago when I got fired after reporting unsafe working conditions at a warehouse. Filed for unemployment right away and got approved even though my employer tried to contest it. The key is having your documentation ready - those emails you sent about the safety issues will be crucial. NYS Department of Labor definitely protects workers who report legitimate safety concerns. Don't let them intimidate you into thinking you don't deserve benefits. You were doing the right thing by speaking up about dangerous conditions.
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