Fell asleep at work and got fired can I get NYS Department of Labor unemployment benefits?
So I messed up pretty bad. I've been working double shifts at my warehouse job for months because we're short staffed and I guess the exhaustion finally caught up with me. Yesterday I dozed off during my shift and my supervisor caught me sleeping at my workstation. They fired me on the spot for violation of company policy. Now I'm wondering if I can still file for unemployment benefits through NYS Department of Labor or if getting fired for this disqualifies me completely? I've been working there for 2 years with no other issues and I really need these benefits while I look for another job. Has anyone been in a similar situation?
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Miguel Diaz
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.
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Ava Rodriguez
•Thanks, that gives me some hope. Should I mention the double shifts and being overworked when I file the claim? I have my timesheets showing I was working 70+ hour weeks.
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Zainab Ahmed
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
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Connor Gallagher
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.
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Ava Rodriguez
•I never thought about it that way. They did make overtime mandatory and threatened to write people up for refusing it. I should gather those emails.
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AstroAlpha
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.
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Ava Rodriguez
•Interesting, I'll check that out. I'm already dreading trying to call them if my claim gets complicated.
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Yara Khoury
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!!!
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Keisha Taylor
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.
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Caleb Stone
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.
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