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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.
This is really helpful information! Did you have to provide any specific documentation from your doctor about your work restrictions when you applied? I have my light duty paperwork from my doctor but I'm wondering if there's anything else I should gather before filing my claim.
Don't stress too much about it. With 3 years of steady work you definitely have enough credits. The system is designed to help people who've been contributing through their paychecks. Just keep documentation of your work history and wages in case they need verification during the application process.
It's good that you're thinking ahead about this. One thing to keep in mind is that you should also document everything - save emails about unclear job requirements, any feedback you've received, and notes from meetings. If you do end up filing for unemployment, having a clear record of the situation can help support your case that any termination was due to unclear expectations rather than misconduct on your part. Also, don't hesitate to ask for clarification in writing about what's expected of you - it shows you're trying to improve and could help your unemployment claim if things don't work out.
I'm going through this exact same situation right now - filed my claim 10 days ago after losing my restaurant job. The waiting and not knowing is honestly the worst part! Reading everyone's timelines here is really helpful. I've been doing my weekly certifications religiously (thanks for the Sunday alarm tip, definitely setting that up). One thing I wanted to add is that I called the NYS DOL office and they told me to check my online account regularly because sometimes they'll post messages there if they need additional information, rather than sending mail or email. Also learned that if you worked in multiple states in the past 18 months, that can sometimes delay things while they verify wages across state lines. Fingers crossed we all get through this process smoothly!
Oliver, thanks for mentioning the multi-state wage verification issue - that's something I hadn't even thought about! I did work a temporary job in New Jersey about 8 months ago before my current warehouse position, so I wonder if that could potentially slow things down for me. Good tip about checking the online account regularly too. It's crazy how many little details can affect the timeline that they don't really explain upfront. Hope your claim goes through smoothly - sounds like you're staying on top of everything with the weekly certifications. This whole thread has been so much more helpful than the official NYS DOL website!
I'm in a similar boat - filed my claim 5 days ago after getting laid off from my customer service job. Reading through everyone's experiences here has been incredibly helpful! It sounds like the 2-3 week timeline is pretty consistent as long as there aren't any complications. I made sure to set up direct deposit when I filed and have been doing my weekly certifications (that Sunday alarm suggestion is genius). One thing I'm curious about - for those who've gone through this, did you get any kind of confirmation or status update during those 2-3 weeks, or do you just have to wait until the money shows up? The uncertainty is definitely the hardest part when you're trying to figure out your budget for the next month.
Hey AstroAdventurer! I went through this about 4 months ago and totally understand that uncertainty feeling. In my experience, you don't really get much in the way of status updates during those 2-3 weeks - it's mostly radio silence until the money actually hits your account. The online portal will show your weekly certifications as "filed" but it doesn't give you like a progress bar or anything. The first real sign that everything was working was when I logged in one day and saw my payment history updated with the deposit amount. I'd suggest checking your account maybe every few days just to see if anything changes, but try not to obsess over it (easier said than done, I know!). The good news is that once that first payment comes through, the subsequent weeks are much more predictable - usually 2-3 days after you certify each week.
Sometimes I wonder if they do this on PURPOSE to mess with us... like why can't they just tell us exactly when the money will hit instead of this vague 'released for payment' nonsense. We're already stressed enough dealing with being unemployed!
I've been claiming for about 6 months now and the timing has been pretty consistent - usually hits my account on Wednesday evening or Thursday morning when I certify on Monday. But I've noticed that if there's a federal holiday during the week, it can push everything back by a day. Also, double-check that your direct deposit info hasn't changed in the system - I had a friend whose payments got delayed because her bank updated their routing number and she had to update it with NYS DOL.
Luca Conti
Listen up because this is important. NY Unemployment considers several factors when determining if refusing work is valid: - Childcare responsibilities are a legitimate reason if you can't find reasonable care - The hours must be during normal business hours unless that's standard for your industry - You need to document everything - Keep proof of your childcare's hours - Save all communication with the employer When reporting, be clear and detailed. If you need to speak with someone directly about this, use claimyr.com - they'll get you through to an agent fast. Better to handle this correctly now than deal with issues later. Source: Been through this myself and helped others navigate the system.
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Nia Johnson
•this should be pinned fr 📌
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Isabella Santos
•thank you so much for breaking it down like this! super helpful
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Amina Bah
Just want to add that you should also check if your childcare provider can give you a letter stating their hours of operation. This kind of documentation can be really helpful if unemployment asks for proof of the conflict. Also, if you haven't already, look into whether there are any evening childcare options in your area - even if they're not feasible, showing that you explored alternatives demonstrates good faith effort. Stay strong mama, the system should work for parents not against us! 💪
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