Wait, I thought if you get fired you can't get unemployment? That's what my cousin told me when he got let go last year.

I went through almost the exact same thing! Got terminated for "attendance issues" even though I had legitimate reasons and my supervisor never gave me proper warnings. I filed immediately and got approved after about 2 weeks. The key is to be completely honest about why you were absent - family emergencies are considered legitimate reasons. NYS DOL will review everything and make their own determination. Don't let your employer's characterization discourage you from filing. You've paid into the system and deserve benefits if you qualify. File online today and start your weekly certifications right away!

I'm in a similar situation and found that the key is understanding the "able and available" requirement. Even if you have a medical condition, you might still qualify for unemployment if you can perform some type of work, just not your previous job. For example, if your doctor clears you for light duty or part-time work but your employer can't accommodate those restrictions, you could potentially file a claim. I'd recommend getting a detailed statement from your doctor about what work activities you CAN do, not just what you can't do. This documentation could be crucial when speaking with NYS Department of Labor representatives about your eligibility.

I had to deal with this exact situation last year when I developed carpal tunnel that prevented me from doing my data entry job. What really helped was calling NYS Department of Labor and explaining that while I couldn't do my specific job duties, I was medically cleared for other types of work. They told me I could file a claim as long as I was actively seeking work I could physically do. The tricky part is you have to keep certifying that you're able and available for work each week, so make sure your doctor's restrictions don't completely prevent you from working ANY job. Also, document everything - save all your medical records and job search activities because they may audit your claim later. It took about 3 weeks to get my first payment, but it was a lifesaver during my recovery period.

The NYS Department of Labor phone system is impossible to get through to ask these kinds of questions. I've been trying for weeks to clarify my own eligibility issues. If you need to actually talk to someone, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.

I'm in a similar boat with my freelance graphic design work. The whole system is set up for traditional employees and leaves us entrepreneurs hanging. It's frustrating because we pay plenty of other taxes but can't access these safety nets when we need them most.

One thing to remember is that if you don't qualify for a new regular UI claim, you might still be eligible for extended benefits depending on the unemployment rate. But those programs come and go, so check with NYS Department of Labor when you file.

I'm in a similar situation - my benefits are ending soon too. From what I've researched, you can file immediately when your benefit year ends, but the key thing is whether you've earned enough wages since your last claim started. NYS Department of Labor looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters. If you only worked part-time or sporadically during your claim, your new benefit amount might be significantly lower. I'd suggest gathering all your wage statements from any work you did during your claim period before you apply - you'll need those to show your earnings.

You don't need a lawyer for the unemployment hearing. Most people represent themselves and do fine. Just make sure you have copies of everything - termination letter, any emails about the layoff, witness contact info if coworkers can back up your story. The ALJ will ask both you and your employer questions. Stay calm and stick to the facts. Since you have written proof of the layoff, you're in a good position.

I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.