NYS Department of Labor unemployment after fired for insubordination - am I eligible?
My boss terminated me last week citing 'insubordination' but I think it's unfair. We had a disagreement about scheduling and I refused to work a double shift without notice because I had to pick up my kids from daycare. HR said this was insubordination and let me go immediately. I've been working there for 2 years with no prior disciplinary actions. Can I still file for unemployment benefits with NYS Department of Labor? Will they automatically deny my claim because of how I was terminated? I really need these benefits while I look for another job.
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Jamal Harris
You can definitely file for unemployment benefits even after being fired. The key is whether your actions constitute 'misconduct' under NYS Department of Labor rules. Simple insubordination might not be enough to disqualify you, especially if it was a one-time incident and you had valid reasons. When you file your claim, be honest about the circumstances but emphasize that you were trying to balance work and family responsibilities. The adjudication process will review all the details.
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Zoe Stavros
•Thank you! Should I mention the daycare situation when I file? I'm worried they'll think I'm making excuses.
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Mei Chen
i got fired for arguing with my supervisor and still got benefits after the appeal process. took like 6 weeks total but they ruled in my favor. definitely file your claim asap dont wait
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Zoe Stavros
•That gives me hope! Did your employer contest your claim initially?
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Liam Sullivan
File your claim immediately through the NYS Department of Labor website. Even if they initially deny it, you have the right to appeal. Document everything about the incident - dates, who was present, what was said. The burden is on your employer to prove willful misconduct, not just that you disagreed with them. A one-time refusal due to childcare responsibilities likely won't meet their standard for disqualification.
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Amara Okafor
•This is good advice. I had trouble getting through to NYS Department of Labor on the phone when I needed to check my claim status. Someone recommended claimyr.com - it's a service that helps you actually reach an agent. There's a video demo at https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into phone issues like I did.
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CosmicCommander
THE SYSTEM IS RIGGED!! They'll side with the employer 9 times out of 10. I got screwed over by NYS Department of Labor when my boss made up lies about me being late. Spent months fighting it and got nowhere. Don't get your hopes up.
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Giovanni Colombo
•Sorry that happened to you but every case is different. The appeals process exists for a reason.
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Fatima Al-Qasimi
Wait, so refusing to work overtime is considered insubordination? I thought we had rights about mandatory overtime, especially with no notice. This whole situation sounds sketchy to me. I'd definitely file for benefits and if they deny it, appeal immediately. The worst they can say is no, but you might be surprised.
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Jamal Harris
•You're right to question it. Refusing unscheduled overtime due to childcare conflicts is generally not considered willful misconduct under NYS Department of Labor guidelines, especially without prior warnings.
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Rachel Tao
I went through a similar situation a few years ago. Got terminated for what they called "insubordination" but was really just me standing up for a reasonable work-life balance. Filed for unemployment immediately and it took about 4 weeks to get approved. The key thing is to be completely honest on your application but also clearly explain your side of the story. Document everything you can remember - time, date, witnesses, exactly what was said. NYS Department of Labor actually has pretty good worker protections compared to other states. Your employer will likely contest it, but that's standard procedure. Don't let that discourage you from filing.
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QuantumQuester
•This is really encouraging to hear from someone who went through something similar! Four weeks sounds reasonable. Did your employer end up contesting your claim, and if so, did you have to go through a phone hearing or was it resolved through documentation? I'm trying to prepare myself for what might come next after I file.
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