Wrongful Termination & Unemployment Benefits

Denied Unemployment After Being Wrongfully Fired? Don’t Let Them Win Twice

You lost your job and now you’re wondering how on earth you’re going to pay rent, buy groceries, or hop on the subway to your next interview. Job loss is a punch to the gut, especially if you didn’t deserve it. But then your employer challenges your unemployment claim? That’s more than just unfair. It’s infuriating. If you’re searching for wrongful termination attorneys to help you figure out your next move, you’re in the right place.

At Horn Wright, LLP, we know how much this moment weighs on you. Everything feels uncertain. And if you’ve been denied benefits after being fired unfairly, the situation can feel even more confusing depending on where you live. While New York allows benefits for most workers fired without clear, intentional misconduct, states like Maine, Vermont, and New Hampshire have slightly different thresholds for what disqualifies someone from receiving unemployment.

Our attorneys are ready to support you and help you understand how these state differences might impact your next steps.

Fired and Forgotten in the City That Never Sleeps?

You gave your job everything and in the blink of an eye, it was gone. That alone is enough to shake anyone. But when your workplace was already toxic and your exit felt personal, that’s a whole different kind of hit. Some situations fall under what’s legally called a hostile work environment. If that sounds familiar, it might impact your unemployment eligibility, too.

Unemployment insurance should be a lifeline. But too often, employers yank it away just when you need it most. Some treat your claim like a personal attack or a financial threat. And when you’ve already been pushed out because of something like wage and hour violations, they’ll sometimes twist the story to make you look like the problem. Instead of taking responsibility, they rewrite the narrative to cast you as the villain.

You’ve already lost your paycheck. Now they want to block your support system? That’s not okay.

Midtown Meetings, Brooklyn Blame: How Employers Try to Shut You Down

Let’s call it what it is. Some terminations aren’t about your performance at all. If you raised safety concerns, flagged unfair treatment, or questioned sketchy practices before getting fired, that’s not a coincidence. That’s likely retaliation.

When you apply for unemployment, your employer gets a chance to respond. That’s when the finger-pointing begins.

You might see:

• Accusations of “misconduct” - vague, dramatic, and meant to discredit you.
• Sudden character shifts - one day you’re reliable, the next you’re “difficult.”
• Resurrected mistakes - even tiny errors from years ago get dragged into the spotlight.

It’s a tactic, one designed to rattle your confidence and bury the real reason behind your firing, especially when employers use underhanded strategies like favoritism in the workplace to justify unfair treatment.

Misconduct? Or Just an Excuse to Keep You Quiet?

Some employers throw around the word “misconduct” when they don’t have a solid reason. But you know what it often covers up? Pregnancy discrimination or FMLA retaliation. The serious stuff.

Getting fired doesn’t make you ineligible for unemployment. What matters is the reason.

Legally, misconduct means you intentionally broke the rules or hurt the company on purpose. It’s not about showing up late once or questioning a policy. It’s about deliberate, damaging actions and that bar is higher than your employer wants you to think.

What The Law Says (And Your Boss Hopes You Don’t Know)

You’re supposed to qualify for unemployment if the job loss wasn’t your fault. That’s the whole point. But the system’s broken in places.

In a recent report, the Department of Labor was exposed for massive backlogs: 75 fewer claims processors than eight years ago. That’s why some legitimate claims fall through the cracks. In fact, one in eight denials turned out to be wrong.

You can’t afford to be number nine.

Here’s what New York law covers:

• Layoffs due to company changes? Covered.
• Leaving a toxic or unsafe workplace? Still might qualify.
• Fired without hard proof of wrongdoing? Very likely eligible.

Under New York Labor Law § 590, they need clear evidence that you willfully messed up. Forgetting a task? Not it. Asking tough questions? Definitely not misconduct.

And if your firing links back to retaliation or discrimination, that opens legal doors they hoped you’d never find. A good legal team can help you walk through them.

Get Receipts, Not Regret: Show It Wasn’t Just Cause

Proof helps big time. If you raised concerns about unpaid wages or called out overtime violations, your documentation does double duty. It supports your claim and challenges their story.

Hang on to:

• Positive reviews or thank-you emails
• Texts or messages confirming details
• HR forms that never mentioned problems
• Any record that shows you showed up, did your job, and cared

The Department of Labor doesn’t just take someone’s word for it. Section 1100 of the NY Labor Adjudication Manual says employers must back up their claims with real proof. That’s where you can tip the scales.

Denied on Paper? That’s Not the Final Word

Getting denied feels like another slap in the face. Like they’re saying none of it mattered.

But many people win on appeal. Why? Because early decisions often rely on just one side of the story. And when that story leaves out context, like whether your firing was tied to wrongful termination under New York law, your claim deserves a second look. Once your side gets told, things shift.

Your denial notice will tell you why and give you about 30 days to act. That’s your shot.

Put your evidence together. Keep pushing. Strong case results often come from people just like you, folks who refused to be dismissed.

Ready for Round Two: How to Win Your Appeal in the Empire State

Appeals can be nerve-wracking. But they don’t have to be.

Knowing your strategy, even just reviewing how to negotiate a severance package, can give you that edge of calm when emotions run high. Before the hearing:

• Write out a timeline and you’ll be surprised what you remember
• Compare their claims to your receipts
• Rehearse telling your version clearly
• See if someone can speak up for you

You’re not putting on a show. You’re just telling the truth. And in a system where workplace discrimination complaints are too often ignored or buried, that truth deserves to be heard.

When the System Shuts You Out, Speak Up Loudly

Your story deserves more than silence. Whether you were wrongfully fired or unfairly denied unemployment, you don’t have to take it quietly. Every decision made behind a closed HR door or at a Department of Labor desk affects your future and you have the right to push back. If you’re ready to be heard and want experienced wrongful termination attorneys in your corner, contact Horn Wright, LLP, today to talk with a team that listens and fights for you.