NY unemployment eligibility after job loss due to vaccine refusal - considered termination?

This is a tricky situation with NY unemployment. Generally, if you're terminated for not following company policy, it can be considered misconduct, which would disqualify you from benefits. The NYSDOL typically views refusal to comply with an employer's reasonable workplace requirements as grounds for denial. For unemployment purposes, a mandatory vaccine policy that applies to all employees could be considered a reasonable workplace requirement, especially in certain industries. However, each case is evaluated individually. If you have a documented medical or religious exemption that your employer refused to accommodate, you might have a stronger case. Otherwise, the NYSDOL will likely consider this a voluntary separation since you're essentially choosing not to meet a condition of employment.

same thing happened to my cousin last month. they denied his claim becuz they said he could have kept his job if he wanted to. its BS if u ask me

From my experience working with similar cases, NY unemployment treats this as a voluntary separation even though it feels forced to you. It's considered a choice between complying with policy or leaving. I've seen a few people win appeals if they have legitimate medical exemptions with documentation, but general objections typically don't succeed. One thing worth noting - if your employer offers alternative accommodations (like remote work or testing options) and you refuse those too, that significantly weakens your case. Are they offering any alternative options besides vaccination?

I WENT THROUGH THIS EXACT THING!!! Applied for benefits and got DENIED IMMEDIATELY! Then appealed and had the most RIDICULOUS hearing where they acted like I was some kind of criminal for not wanting something injected into MY BODY. The system is completely rigged against workers. They'll find ANY excuse to deny benefits we paid into!!

Have you tried talking to your HR department about possible accommodations? Some employers are more flexible than their initial policy suggests. I was facing a similar requirement at my last job and managed to negotiate a temporary remote position while the policy was in effect. Worth exploring all options before making a decision that affects your income.

my brother in law was in this same boat he couldnt get unemployment at first bc they said he chose not to follow company rules. he appealed and got denied again but then he found this service called Claimyr that got him through to a actual person at NY unemployment who explained exactly what documents he needed to submit for his situation. check out claimyr.com or their video https://youtu.be/Rdqa1gKtxuE cause waiting on the phone line is literally impossible rn

This might be an uphill battle with NY unemployment, honestly. The DOL generally considers policy non-compliance as disqualifying. If you're dead-set against the vaccine, you might want to start job hunting now rather than counting on unemployment. The job market in NY has a lot of remote positions that don't have vaccine requirements. Just being practical here - might be better to secure new employment before your current job ends.

One more important thing to consider: document everything. Save emails about the policy, any communication with HR, details about accommodations requested/denied, etc. If you do apply for benefits and need to appeal, having this documentation will be crucial. Also, make sure you understand exactly how your employer plans to process your separation - the specific wording they use (termination, job abandonment, voluntary resignation) can impact your claim.

Thank you all for the advice. I'm going to try applying anyway when the time comes and make sure I document everything leading up to my last day. Will probably use that Claimyr service to actually reach someone since it sounds impossible to get through otherwise. If anyone has successfully navigated this specific situation I'd really appreciate hearing what worked. This whole thing is so stressful.