NYS Department of Labor unemployment if fired for refusing overtime - can I still collect?

This might actually work in your favor for unemployment eligibility. NYS Department of Labor doesn't automatically consider refusing overtime as misconduct, especially if you have legitimate reasons like childcare responsibilities. When they terminated you, did they give you anything in writing about the mandatory overtime policy? You'll want to document that this wasn't part of your original job requirements when you were hired.

File immediately! Don't wait because your benefit year starts from when you file, not when you were terminated. NYS Department of Labor will investigate whether the firing was for misconduct, but refusing overtime due to childcare constraints usually isn't considered willful misconduct. Make sure you have documentation of your regular work performance and any communication about the overtime demands.

ugh the whole system is so messed up!! companies think they can just demand whatever they want and if you have a life outside work somehow thats YOUR fault. definitely file for unemployment, worst case they deny it and you appeal

I went through something similar but had trouble reaching anyone at NYS Department of Labor to explain my situation during adjudication. Kept getting disconnected when calling. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my case resolved faster because I could actually talk to someone about the details.

same thing happened to my brother but his was construction work, got approved for UI benefits after they reviewed everything

Wait I'm confused - can they really fire you for not working overtime?? I thought overtime was supposed to be optional unless it was in your contract or something. This doesn't seem fair at all, especially with kids involved. What if you had offered to work some overtime but not all of it?

I'm sorry you're going through this situation. Based on what you've described, you should definitely file for unemployment benefits right away. The fact that mandatory overtime wasn't part of your original job description and you have legitimate childcare constraints works in your favor. NYS Department of Labor looks at whether the termination was due to misconduct, and refusing overtime for documented personal reasons (especially childcare) typically doesn't qualify as willful misconduct. Keep all your documentation about your work performance and any communications regarding the overtime policy. Don't let them intimidate you - you have rights as a worker and parent.

I'm really sorry you're dealing with this stress, especially with a family to support. From what you've shared, you have a strong case for unemployment benefits. The key factors working in your favor are: 1) mandatory overtime wasn't in your original job description, 2) you have legitimate childcare responsibilities, and 3) your work performance was otherwise satisfactory. NYS Department of Labor generally doesn't consider refusing overtime due to childcare constraints as misconduct. When you file (and definitely do it ASAP), be prepared to explain your situation clearly during any adjudication process. Document everything - your original job description, any communications about the overtime policy, and your childcare arrangements. You've got this, and don't let them make you feel like you did something wrong for prioritizing your family responsibilities.