Fired for refusing the vaccine? Don't expect unemployment aid

Key Facts

New York state's labor department makes clear on its website that workers in health care facilities, schools and nursing homes who quit or are terminated for refusing the vaccine will be ineligible for unemployment benefits, unless they qualify for a or .
In other circumstances, however, an unvaccinated worker who is fired may be eligible for unemployment insurance "if that person's work has no public exposure and the worker has a compelling reason for refusing to comply with the directive," according to the NYS Department of Labor website.
These factors include: Whether the employee is eligible for other benefits The specific terms of the vaccine policy and its exemptions * The reason why the employee did not comply with the vaccine mandate If the employer complied with the law, and allowed exemptions for workers with medical conditions or sincerely held religious beliefs that interfere with vaccination, but found the employee did not qualify for an accommodation, then that individual's claim would likely be denied, according to the department.
Eaton provided another analogy: "It's like if your employer said, 'Come in at 9 o'clock and you said, 'Thanks for sharing, I'll come in at 11.' If you engage in deliberate misconduct like that, you won't be entitled to unemployment benefits which are designed to be provided to those who are separated through no fault of their own," he said.