NYS Department of Labor unemployment denial after being fired - can you be denied unemployment if you are fired?

Being fired doesn't automatically disqualify you from unemployment benefits in New York. The NYS Department of Labor will review the circumstances of your termination during adjudication. If you were fired for misconduct (like theft, violence, or willful violations of company policy), then you'd likely be denied. But if it was for performance issues, attendance problems that weren't willful, or general unsatisfactory work, you can still qualify. The key is whether your actions were deliberate misconduct versus just not meeting expectations.

Yeah I was fired from my retail job for being late too many times and still got approved for UI benefits. It took about 3 weeks for them to make a decision during adjudication but they ruled in my favor. Just be honest on your application about why you were terminated and let NYS Department of Labor decide.

The fact that you were questioning safety protocols actually works in your favor here. NYS Department of Labor considers it misconduct to fire someone for raising legitimate workplace safety concerns. When you file your weekly claim, make sure to mention that the performance issues started after you raised safety concerns. You might want to document everything you can remember about the timeline. If they initially deny your claim, definitely appeal it because you have a strong case.

Ugh the whole system is so frustrating! I've been trying to get through to someone at NYS Department of Labor for weeks about my claim status and can never reach anyone. The phone lines are always busy and when I do get through I get disconnected. Last time I spent 4 hours on hold for nothing! How is anyone supposed to get help when you can't even talk to a real person??

just file and see what happens, worst case they say no and you appeal it. i got fired from like 3 different jobs and got unemployment each time lol. as long as you werent stealing or fighting or whatever they usually approve it eventually

To directly answer your original question - yes, you can be denied unemployment if you're fired, but only under specific circumstances. NYS Department of Labor uses the legal standard of 'misconduct' which has to be willful and work-related. Performance issues, especially when you were raising legitimate safety concerns, typically don't meet that standard. File your claim as soon as possible and be completely honest about the circumstances. The adjudication process will determine if your termination qualifies as misconduct.

I went through something similar last year when I got fired from my manufacturing job. The key thing is to file your claim right away - don't wait because there's a waiting period anyway. When they ask why you were terminated, be honest but focus on the facts: performance issues related to quotas, and that you had raised safety concerns. The NYS Department of Labor will contact both you and your former employer to get both sides of the story. Since you mention the write-ups started after you questioned safety protocols, that timeline could actually work in your favor. Even if they initially deny your claim, you have the right to appeal and present your case to a hearing officer. Don't let the fear of denial stop you from applying - you need those benefits and you may have a stronger case than you think.

I've been following this thread and wanted to add my perspective as someone who used to work in HR. The safety concerns you raised are actually protected activity under both state and federal law - employers can't legally retaliate against workers for raising legitimate safety issues. The fact that your performance write-ups started AFTER you questioned safety protocols is a red flag for potential retaliation. When you file your unemployment claim, definitely mention this timeline. If your former employer tries to fight your claim by saying it was purely performance-based, the timing will work strongly in your favor. NYS Department of Labor takes workplace safety seriously and they know employers sometimes use "performance issues" as cover for illegal retaliation. You should absolutely file - don't let them intimidate you out of benefits you're likely entitled to.

I've been through the NYS Department of Labor unemployment process twice - once when I was laid off and once when I was fired for what my employer called "poor attitude" (which was really just me advocating for better working conditions). The second time I was initially denied but won on appeal. Here's what I learned: document everything NOW while it's fresh in your memory. Write down dates, what safety concerns you raised, who you raised them to, and when the write-ups started. The adjudication process can take several weeks, but don't let that discourage you from filing immediately. Even if you get an initial denial, the appeals process is where you can really present your case with all the evidence. Given that you were questioning safety protocols and then suddenly started getting performance write-ups, you have a strong argument for retaliation. File your claim this week and don't let your former employer scare you out of benefits you deserve.

I'm going through a similar situation right now and this thread has been incredibly helpful! I got fired from my food service job two weeks ago for "attitude problems" but really it was because I kept asking management about getting the broken freezer fixed and proper cleaning supplies. They said I was being "difficult" and "not a team player." Reading everyone's experiences here, especially about the timeline of raising safety concerns versus when disciplinary actions started, makes me realize I should probably file for unemployment too. I've been hesitating because I thought getting fired automatically disqualified you, but it sounds like the circumstances really matter. The retaliation angle that several people mentioned really resonates with my situation. Thanks to everyone who shared their stories - it's giving me the confidence to actually file my claim instead of just worrying about it.

I'm dealing with a similar situation right now - got fired from my delivery job last month for what they called "insubordination" but it was really because I refused to drive the company van that had faulty brakes. I kept telling my supervisor it wasn't safe and needed to be fixed, but they said I was being "difficult" and "not following orders." Finally they terminated me saying I had a "bad attitude" and wasn't "coachable." Reading through all these responses is giving me so much clarity - I had no idea that being fired for raising safety concerns could actually strengthen your unemployment case rather than hurt it. I was so worried about filing because I thought any termination would automatically disqualify me. But seeing how many people here had success, especially those who were initially denied but won on appeal, is really encouraging. I'm going to file this week and make sure to document the timeline of my safety complaints versus when the disciplinary actions started. Thanks everyone for sharing your experiences - this community is such a lifeline when you're navigating this stressful process!