


Ask the community...
Been there! Got canned for attendance at my retail job in 2023 and NYS Department of Labor approved my claim after about 3 weeks. The main thing is being honest about why you were fired and having some proof that your absences weren't just you being lazy or irresponsible.
Similar situation here - got terminated for attendance at my previous job but was approved for benefits. The NYS Department of Labor really focuses on whether you had control over the situation. Since you mentioned car troubles and family emergency, those are typically considered valid reasons beyond your control. When you file, be upfront about being terminated for attendance but emphasize the circumstances. Also, if your employer contests the claim (which they often do), don't panic - you'll get a chance to present your side during the hearing. The whole process can take 4-6 weeks but it's worth pursuing since you worked there for 2 years with no other issues.
This is really helpful, thank you! You mentioned that employers often contest the claim - what should I expect if that happens? And do you think having worked there for 2 years with no other performance issues will help my case? I'm just worried because I did technically exceed their attendance policy even though I had legitimate reasons.
I went through almost the exact same situation with a shoulder injury from repetitive motions at my assembly line job. NYS Department of Labor did approve my claim, but here's what really helped: I made sure my doctor's letter specifically mentioned that continuing the work would "aggravate" or "worsen" my condition - those seem to be key phrases they look for. Also document EVERYTHING with your employer - save those emails about requesting accommodation! The process took about 6 weeks for me, but I got approved retroactively. Hang in there, you have a legitimate case with the medical documentation and accommodation refusal.
This is really helpful advice! I'm dealing with a similar back injury situation and was wondering - did you have to get a second medical opinion or was one doctor's letter enough? Also, when you say "aggravate" and "worsen" are key phrases, did your doctor use those exact words or similar medical terminology? I want to make sure I'm prepared when I talk to my doctor about updating my documentation.
I'm currently going through something similar - had to quit my retail job due to severe arthritis flare-ups that made standing for 8+ hours impossible. My manager kept scheduling me for long shifts despite my doctor's note recommending limited standing time. I just filed my unemployment claim last week and included all my medical records, the accommodation request emails, and my manager's response saying they "couldn't make special arrangements." The NYS Department of Labor website actually has a specific section about voluntary quit for medical reasons under their "good cause" guidelines - it really helped me understand what documentation I needed. Fingers crossed we both get approved! The financial stress while waiting is awful but it sounds like you have a strong case with the medical documentation and your employer's refusal to accommodate.
I really appreciate you sharing your experience - it's so reassuring to know I'm not alone in this situation! It sounds like you did everything right by documenting the accommodation requests and your manager's refusal. That's exactly what I did too with my warehouse supervisor. The financial stress while waiting is definitely the worst part - I'm trying to stay positive but it's hard when you don't know how long the process will take. I hope we both hear good news soon! Thank you for mentioning the NYS Department of Labor website section on good cause - I'll make sure to review that again to see if there's anything else I should include in my claim.
Just want to add that even if you don't receive the 1099-G, you're still required to report all unemployment income. Keep track of your weekly benefit amounts if you can't get the form. The IRS gets copies of these forms so they'll know if you don't report the income.
One more thing to keep in mind - if you moved or changed addresses during 2024, make sure NYS Department of Labor has your current mailing address on file. I almost missed my 1099-G last year because it went to my old apartment. You can update your address in the my.ny.gov portal under personal information. Also, if you're filing early, the 1099-G might not be available until mid-January, so don't panic if it's not there yet!
The whole benefit year system is just another way for them to make it harder for people to get help. Why can't they just let you collect as long as you need it if you're still looking for work?? The 26 week limit is ridiculous when some industries have been struggling for years.
Just wanted to add that it's really important to start planning ahead if you're getting close to exhausting your 26 weeks within your benefit year. I learned the hard way that you should start ramping up your job search efforts and maybe consider temporary or part-time work to build up some recent work history before your benefit year ends. Also, keep all your documentation from your current claim - you'll need it when you file a new one. The transition between benefit years can be stressful, but understanding the timeline helps you prepare better.
This is really helpful advice about planning ahead! I'm curious though - if someone does part-time work while collecting benefits, doesn't that affect their weekly benefit amount? I've been hesitant to take any temporary work because I'm worried it might mess up my claim or reduce what I get each week. How do you balance earning some income while still maintaining your unemployment benefits?
@Astrid Bergström Yes, part-time work does affect your weekly benefit amount, but it might still be worth it strategically! NYS has a partial benefit system where they deduct a portion of your earnings from your weekly benefit. Generally, you can earn up to a certain amount I (think it s'around 25% of your benefit rate without) any reduction, and then they start reducing your benefits dollar-for-dollar after that. But the key thing @ApolloJackson mentioned is building work history for your next benefit year - even part-time work counts toward those wage requirements. So while you might get less money week-to-week, you re'setting yourself up to qualify for a new claim when your current benefit year ends. It s'definitely a balancing act though!
Yuki Tanaka
I went through this same situation last year when I was laid off at 60. One thing to keep in mind is that the pension offset calculation can get tricky if your pension payments aren't consistent month to month. NYS Department of Labor calculates it based on the weekly equivalent, so if your pension varies, you'll need to report the actual amount each week. Also, make sure you understand whether your pension is considered "contributory" (you paid into it) or "non-contributory" (employer fully funded) because the rules can be slightly different. I'd recommend getting everything in writing from NYS Department of Labor about exactly how they'll calculate your offset so there are no surprises later.
0 coins
Omar Hassan
•This is really helpful info about contributory vs non-contributory pensions - I had no idea that could make a difference! My pension is contributory since I've been paying into it for 15 years. Do you happen to know if contributory pensions have any advantages when it comes to the offset calculation with NYS Department of Labor? And getting everything in writing is great advice - I definitely don't want any surprises down the road.
0 coins
Omar Farouk
I'm dealing with a similar situation right now and wanted to share what I learned from my experience. When I called NYS Department of Labor to ask about the contributory vs non-contributory pension question, they told me that for contributory pensions (where you paid into it), they may reduce the offset amount by the portion you contributed. So if you paid 50% of the contributions and your employer paid 50%, they might only offset your unemployment by half of the weekly pension amount. But this varies case by case and you really need to get the specific calculation from them in writing. Also, keep all your pension documentation handy when you file your claim - they'll want to see the details about your contribution history. The whole process is definitely confusing but it's worth getting the exact numbers from them rather than guessing.
0 coins
Sofia Ramirez
•This is exactly the kind of detailed information I was looking for! The fact that they might only offset by the employer's contribution portion for contributory pensions could make a big difference in my case. Since I've been contributing to my pension for 15 years, I should definitely find out what percentage I contributed versus my employer. Do you remember how long it took NYS Department of Labor to give you the official calculation in writing? I want to make sure I have all this sorted out before I start filing my weekly claims.
0 coins