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Just want to add - make sure you file your weekly claims even while your initial claim is being reviewed! A lot of people don't realize you have to keep certifying every week or you'll lose benefits for those weeks.
I went through something similar when I got fired for supposedly having a "bad attitude" but really it was because I questioned unsafe working conditions. The key thing is to file your claim immediately - don't wait! When you file online, be honest about being terminated but explain your side in the comments section. NYS Department of Labor will contact both you and your employer to get the full story. Keep all your documentation (doctor notes, texts about car trouble, etc.) handy because they might ask for it during the investigation. Even if you get initially denied, you can always appeal. The worst thing that can happen is they say no, but you won't know unless you try!
Being fired for attendance doesn't automatically disqualify you but it does make things more complicated. During the adjudication process, NYS Department of Labor will contact both you and your employer to get the full story. Your former employer will probably argue it was misconduct, so you need to be prepared to explain your side clearly. Document everything and be ready to provide medical records if health was a factor.
I'm new to this whole unemployment process but wanted to share what I learned from a friend who works in HR. She told me that NYS Department of Labor looks at whether your attendance issues were "willful" or due to circumstances beyond your control. If you have medical documentation showing you were genuinely ill, that's definitely not willful misconduct. Also, make sure to file your claim as soon as possible - there are time limits and you don't want to miss out on benefits you might be entitled to. The adjudication process can take a few weeks, but it's worth going through if you have legitimate reasons for your absences.
This is really helpful advice! I'm dealing with a similar situation right now - got let go for missing work due to some family emergencies. I didn't realize that NYS Department of Labor distinguishes between willful misconduct and circumstances beyond your control. That gives me hope that my case might be viewed more favorably. Quick question though - when you mention filing "as soon as possible," do you know what the actual deadline is? I was terminated about a week ago and want to make sure I don't miss any important timeframes.
File ASAP! Don't wait around thinking about it. The longer you wait the longer it takes to get your first payment. And yeah like everyone said, medical absences with documentation are not misconduct under unemployment law.
I went through almost the exact same situation about a year ago - fired from a restaurant job for "excessive absences" due to chronic migraines, even with doctor's notes. I was terrified they'd deny my claim, but NYS Department of Labor approved it without any issues. The key things that helped me: 1) I was completely honest on my application about being terminated for medical absences, 2) I uploaded copies of all my medical documentation when I filed, and 3) I kept detailed records of every doctor visit and note I had provided to my employer. Your situation sounds even stronger than mine was since you have 6 months of documentation. Don't let your employer's "misconduct" label scare you - the Department of Labor makes their own determination based on the facts and the law.
This is really reassuring to hear from someone who went through the exact same thing! I'm feeling much more confident about filing now. Quick question - when you say you uploaded the medical documentation when you filed, was that during the initial online application or did you have to wait for them to request it? I want to make sure I do everything right from the start.
Just apply and see what happens. Worst case they deny you but at least you'll know for sure. Make sure you mention the light duty restrictions and that your employer has no suitable work available when you file.
I went through something similar about two years ago when I was on light duty after a shoulder injury. The NYS Department of Labor told me that you can potentially qualify for partial unemployment benefits if your employer can't accommodate your work restrictions, even if you're still technically employed. The key factors they look at are: 1) whether you're able to work within your medical restrictions, 2) whether your employer has suitable light duty work available, and 3) your reduction in hours/wages. Since you're only getting 60% from workers comp and no wages, you should definitely apply. Just be upfront about everything - your restrictions, the workers comp payments, and that your employer said no light duty positions are available. They'll make the determination based on your specific situation.
Eve Freeman
Yuki, your situation sounds very similar to what I went through last year! I had my appeal hearing in March after being wrongfully denied for "voluntary quit" when I was actually terminated without cause. The judge ruled in my favor and I received my back pay exactly 19 days after the hearing. NYS Department of Labor processed everything automatically once they received the judge's written decision. One thing that really helped was setting up direct deposit beforehand - the paper checks can take an extra week or two to arrive by mail. Also, even though you didn't file weekly claims during the appeal (which is totally understandable since the whole process is confusing), you should still get your full back pay calculated from your original claim date. The system will backfill those weeks once your claim is approved. Hang in there - it sounds like your hearing went really well and you should see that money soon!
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Leeann Blackstein
•That's really reassuring to hear Eve! 19 days sounds like a reasonable timeline and I'm glad to know the back pay gets calculated automatically from the original claim date even if I didn't file weekly claims during the appeal. I do have direct deposit set up so hopefully that will help speed things along. It's such a relief to hear from people who've actually been through this process successfully - makes the waiting a bit more bearable knowing there's an end in sight!
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Gemma Andrews
I went through a very similar appeal process with NYS Department of Labor earlier this year after being wrongfully denied for "job abandonment" when I was actually laid off. My hearing was in July and the judge ruled in my favor. The whole process from hearing to receiving back pay took about 22 days, which included getting the written decision and then NYS DOL processing everything. One tip that really helped me was calling their customer service line about a week after receiving the favorable decision letter just to confirm they had received it and my claim was being updated in their system. Sometimes there can be small administrative delays between the judge issuing the decision and the benefits department actually processing it. Also make sure to keep checking your online account at my.ny.gov - that's where you'll see your claim status change from "denied" to "approved" before the money actually hits your account. The waiting is definitely stressful especially when you're behind on bills, but it sounds like your hearing went really well so you should be getting good news soon!
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