Fired for Policy Violation in NY: Can You Still Collect Unemployment?

In New York, being fired for a company policy violation does not automatically disqualify you from unemployment insurance (UI)—but it creates a significant hurdle. The outcome hinges on whether the violation constitutes "misconduct" under New York Labor Law § 593.

The Legal Standard: "Misconduct"

NY defines misconduct as willful or wanton disregard of the employer's interests. Mere negligence, poor performance, or unintentional rule-breaking typically does not meet this threshold. The employer bears the burden of proof.

Scenario Analysis

The Process

1. Apply immediately via NYSDOL—don't self-disqualify.
2. Employer responds with separation reason.
3. Phone hearing (usually) with Administrative Law Judge (ALJ). You testify; employer testifies.
4. ALJ decision based on evidence. Appealable to Unemployment Insurance Appeal Board.

Critical Advice

• Document everything: Your version, witnesses, prior warnings (or lack thereof), policy text.
• Don't quit—resignation makes UI nearly impossible.
• Consult an employment attorney if stakes are high. Many offer free consults.
• File weekly certifications during appeal—retroactive payment if you win.

Bottom line: Apply. Let the ALJ decide. Many fired employees win because employers can't prove willful misconduct.