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From NYS. Do I have any recourse in the denial of unemployment benefits?

I was fired for violating the HIPPA law. Have been employed there for 36 years with good evals. I was wrong. There is nothing I can do to fix it. Employer has informed unemployment I was fired and I am now denied benefits. Is there anything I can do? My employer is not budging.

Hi Anonymous,

What is the definition of misconduct in New York? It's not defined in the statutes.

Here's NY's explanation: What is considered misconduct in New York.

Violations of HIPPA especially when you admit fault are violations which have the potential to cause harm to the employer .. whether the violation did or did not cause actual harm.

Employers generally have "procedures" in place to protect themselves against violations of laws.

So, if you were made aware that what you were doing .. or even should have been aware that what you did had potential to cause harm .. you're out of luck.

There are of course exceptions when it can be proven that the violation was in fact because of a failure on the part of an employer.

Law change which sometimes require a new procedure. Employers must make their employees aware of the changes .. provide training when applicable .. etc.

I'll let you be the judge as to whether you have recourse.

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