Fell asleep at work and got fired can I get NYS Department of Labor unemployment benefits?

You can still file for unemployment benefits, but your case will likely go into adjudication because you were terminated for misconduct. NYS Department of Labor will investigate whether falling asleep constitutes willful misconduct or if there were extenuating circumstances like the excessive hours you mentioned. The key is being honest on your application and explaining the situation - overwork and exhaustion might work in your favor. File your claim immediately regardless.

man this happened to my cousin last year except he fell asleep driving the forklift. got fired but still got his UI after they reviewed it. took like 6 weeks though

The adjudication process will examine whether your employer had a reasonable policy and whether your violation was willful. Falling asleep due to exhaustion from excessive mandatory overtime could be viewed differently than falling asleep due to personal choices. Document everything - your work schedule, any communications about overtime requirements, and your employment record. NYS Department of Labor considers the totality of circumstances, not just the immediate cause of termination.

Getting through to NYS Department of Labor by phone during adjudication can be really frustrating. I was stuck trying to reach them for weeks about my case. Finally found this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made a huge difference in getting my claim resolved quickly instead of waiting months.

ugh the unemployment system is so broken. they'll deny you for breathing wrong but approve people who quit for no reason. falling asleep at work after working yourself to death should not disqualify you from benefits you paid into!!!

Just wanted to say good luck with your claim! Being exhausted from overwork is totally understandable and hopefully NYS Department of Labor sees it that way too.

I went through something similar last year - fell asleep during a night shift after working back-to-back doubles. Got terminated but eventually received benefits after a lengthy adjudication process. The key things that helped my case were: 1) having documentation of my excessive work hours, 2) showing I had no prior disciplinary issues, and 3) demonstrating that the employer's staffing decisions contributed to unsafe working conditions. NYS Department of Labor took about 8 weeks to make their determination, but they ultimately ruled in my favor. Keep copies of everything and don't give up - exhaustion from employer-mandated overtime is different from personal negligence.

I'm dealing with a similar situation right now - got fired for attendance issues related to exhaustion from mandatory overtime. One thing I learned is that NYS Department of Labor distinguishes between "misconduct" and "disqualifying misconduct." Falling asleep due to employer-imposed working conditions might not meet the threshold for disqualification. Also, make sure to file your claim within the first week after termination - even if it gets denied initially, you can appeal and the earlier filing date protects your benefit period. The worst thing that can happen is they say no, but you might be surprised. I'm still waiting on my adjudication but my case worker seemed sympathetic when I explained the circumstances.

I work in HR and have seen cases like this come through our system. The fact that you were working 70+ hour weeks with mandatory overtime is actually a strong mitigating factor. NYS Department of Labor has ruled in favor of employees who fell asleep due to employer-created unsafe working conditions before. Make sure to emphasize in your application that the overtime was mandatory, not voluntary, and that you had no prior disciplinary actions. Also document any communications where your employer required or threatened employees about overtime. The excessive hours creating a dangerous situation works heavily in your favor - this isn't the same as someone who stayed up all night partying and then fell asleep at work.