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same thing happened to my sister but with back surgery. she was out for 3 months and couldn't get unemployment until she was cleared to work again. definitely look into disability benefits first
I'm dealing with a similar situation right now - waiting for hip replacement surgery and my employer already told me they can't guarantee my job will be there when I get back. From what I've learned talking to others, the timing is really important here. You'll want to apply for short-term disability benefits first if your employer offers them, or look into New York State Disability Benefits if you've been paying into that. Once your doctor clears you to return to work, THEN you can file for unemployment if you don't have a job to go back to. The key is having that medical clearance - without it, NYS Department of Labor will consider you unable to work and therefore ineligible. It's frustrating but the system treats medical inability to work differently than involuntary job loss. Make sure to keep all your medical documentation organized for when you're ready to file.
Thanks for sharing your experience - it really helps to hear from someone going through the same thing! Do you know if there's a waiting period between when you get medical clearance and when you can file for unemployment? I'm worried about the gap in income during that transition time. Also, did your employer give you any information about continuing health insurance during the disability period? That's another thing I'm stressing about with the surgery coming up.
As someone who works with military families in the North Country area, I can confirm that New York State is very accommodating for military spouses in your situation. The key thing is having those PCS orders ready - they're your golden ticket! When you file, you'll want to be prepared for the fact that they may ask follow-up questions during the adjudication process, but don't let that worry you. It's pretty routine for military spouse claims. Also, since you're new to the area, I'd recommend checking out the spouse employment resources at the Fort Drum Family Readiness Groups - they often have job fairs and networking events that can help with both your job search requirements and actually finding employment when you're ready. The Watertown area has more opportunities than you might expect, and many employers here are used to working with military families and understand the unique challenges you face. Best of luck with your claim!
This is incredibly helpful information! I really appreciate you mentioning the Family Readiness Groups - I hadn't even thought to look into those resources yet but it sounds like they could be valuable for both networking and understanding the local job market. It's reassuring to hear that employers in the Watertown area are familiar with military families and our unique situations. I'll definitely make sure to have those PCS orders organized and ready when I file my claim. Thank you for taking the time to share your expertise - it means a lot to have guidance from someone who works directly with military families in the area!
I'm a military spouse who just went through this process when we moved to Fort Drum from North Carolina about 3 months ago. Everyone here has given you excellent advice! I wanted to add one more thing - when you file your claim, you might see a delay if your Georgia employer hasn't responded to the initial inquiry from NYS Department of Labor. Don't panic if this happens - it's pretty common with out-of-state employers. You can actually call and provide additional documentation like your final paystub or termination letter to help speed things along. Also, once your claim is approved, make sure to set up direct deposit if you can - it's much faster than waiting for checks in the mail, especially with how mail delivery can be around here in the winter months. The whole process took about 2.5 weeks for me from filing to first payment. Hang in there - you've got this! And welcome to the Fort Drum community - despite the crazy winters, it's actually a really great place for military families.
Just want to add that the NYS Department of Labor also considers the size of the employer when calculating these experience ratings. Smaller businesses like restaurants often get hit harder by rate increases from unemployment claims because they have fewer employees to spread the cost across. That might explain why your boss seemed particularly concerned - every claim really does impact their quarterly tax bill more significantly than it would for a big corporation.
That makes a lot of sense! I didn't realize restaurant owners get hit harder than big companies. No wonder my boss sounded stressed - they probably can't absorb those extra costs as easily as a corporation with hundreds of employees. Makes me feel a bit bad for them, but I still need these benefits since I got laid off through no fault of my own.
Don't feel too bad about it - unemployment insurance is literally designed to protect workers like you who lose their jobs through no fault of their own. Yes, employers pay into the system, but that's the whole point - it creates a social safety net while also incentivizing companies to maintain stable employment. Your boss calling you with "weird questions" is concerning though. They might be fishing for information to contest your claim. Just stick to the facts: you were laid off due to lack of work, not fired for cause. The NYS Department of Labor will investigate if they do contest, but legitimate layoff claims usually hold up fine.
This is really helpful advice! I was starting to worry that maybe I shouldn't have filed, but you're right - this is exactly what unemployment insurance is for. I'll definitely stick to the facts if my boss contacts me again. Do you think I should document the phone call they made? It felt kind of intimidating and I'm wondering if that's something the NYS Department of Labor should know about if they try to contest my claim.
ugh employers are the worst about this stuff... they fire people then try to screw them out of benefits too
Document everything you can remember about your layoff - dates, who told you, what exactly they said, any witnesses present. If there were multiple people laid off at the same time, try to get contact info for them as they could be witnesses. Also check if you have any performance reviews or emails that show you were meeting expectations before the layoff. The key is showing this was truly a budget-related layoff and not performance-based termination. NYS Department of Labor will want to see a clear timeline of events from both sides.
This is really helpful advice! I'm realizing I should probably reach out to the two other people who were laid off the same day as me. We were all told it was budget cuts in the same meeting. Do you think their testimony would carry weight with NYS Department of Labor if my employer is now changing their story to performance issues?
Noah Ali
I'm so sorry this happened to you - what a frustrating situation to be in! I actually work in HR and see rescinded offers more often than you'd think, especially when companies face sudden budget constraints. The good news is that NYS Department of Labor definitely recognizes this as a valid reason for unemployment benefits. When you file, I'd recommend being very specific about the timeline and circumstances. Include details like when you received the offer, when you accepted, any onboarding activities you completed, and exactly when they rescinded it. The fact that you have written documentation of the entire process will really help your case. Also, don't worry about not filing initially - many people make that same decision when they think they have employment lined up. The important thing is filing now that your circumstances have changed through no fault of your own.
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Mei Wong
•Thank you so much for the HR perspective - that's really valuable insight! It's oddly comforting to know that rescinded offers happen more frequently than I thought, even though it's still incredibly frustrating to deal with. I really appreciate the specific advice about including all those timeline details and onboarding activities. I did complete background checks and even filled out tax forms, so I'll make sure to mention all of that when I file. It's reassuring to hear from someone who sees this from the employer side that NYS Department of Labor recognizes these situations. I was beating myself up about not filing initially, but you're right - it seemed logical to wait when I thought I had a sure thing. Thanks for taking the time to share your professional experience!
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Sean Murphy
I just wanted to add my support and say don't let this situation discourage you from filing! I had a somewhat different but related experience where I accepted a job offer, gave notice at my current position, and then the new company had a hiring freeze before my start date. I was panicked about whether I'd qualify for unemployment since I had voluntarily left my previous job. But NYS Department of Labor was actually very understanding about the whole situation. They classified it as an involuntary separation since the job I left for was no longer available through no fault of my own. The key is being completely honest and thorough in your application. Your situation with the rescinded offer is even more straightforward since you were already unemployed when they pulled the offer. You're absolutely entitled to those benefits - that's exactly what the system is there for!
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