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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 dealing with a similar situation right now - got fired for attendance issues related to exhaustion from mandatory overtime. One thing I learned is that NYS Department of Labor distinguishes between "misconduct" and "disqualifying misconduct." Falling asleep due to employer-imposed working conditions might not meet the threshold for disqualification. Also, make sure to file your claim within the first week after termination - even if it gets denied initially, you can appeal and the earlier filing date protects your benefit period. The worst thing that can happen is they say no, but you might be surprised. I'm still waiting on my adjudication but my case worker seemed sympathetic when I explained the circumstances.
That's really helpful information about the distinction between misconduct and disqualifying misconduct - I hadn't heard that before. It sounds like you're going through this process right now too. How long have you been waiting for your adjudication decision? I'm trying to prepare myself mentally for what could be a long wait. Also, when you say your case worker seemed sympathetic, did they give you any indication of what factors they consider most important in these types of cases?
I work in HR and have seen cases like this come through our system. The fact that you were working 70+ hour weeks with mandatory overtime is actually a strong mitigating factor. NYS Department of Labor has ruled in favor of employees who fell asleep due to employer-created unsafe working conditions before. Make sure to emphasize in your application that the overtime was mandatory, not voluntary, and that you had no prior disciplinary actions. Also document any communications where your employer required or threatened employees about overtime. The excessive hours creating a dangerous situation works heavily in your favor - this isn't the same as someone who stayed up all night partying and then fell asleep at work.
anyone else feel like the system is DESIGNED to be confusing so people just give up? like they're hoping we'll get frustrated and stop claiming? 🧐
This exact same thing happened to me! I was approved for benefits through March 2023 but suddenly my account shows them ending in December. I've been trying to call for days but can't get through. Reading all these comments makes me feel less crazy - at least it's not just me dealing with this nightmare. The system clearly has major issues right now. I'm definitely going to try that early Monday morning call trick and maybe look into that claimyr service too. It's so frustrating when you're already stressed about money and then the system that's supposed to help you just... doesn't work properly. Thanks everyone for sharing your experiences!
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.
This is really helpful advice! I never thought about getting documentation that shows what I CAN do rather than just what I can't. My doctor has been focusing on my limitations, but you're right that showing I'm still able to do light work might make all the difference for unemployment eligibility. Did you have to go through any specific process to get that kind of statement from your doctor, or did they understand right away what you needed for the unemployment application?
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.
This is exactly the kind of detailed experience I was hoping to hear about! The carpal tunnel situation is really similar to mine - I can't do my current job but I'm not completely disabled. Did you find that employers were understanding when you explained your medical restrictions during job interviews? I'm worried about how to handle that conversation while still showing I'm genuinely available for work. Also, when you say they may audit your claim later, what kind of documentation did they actually ask for? I want to make sure I'm keeping the right records from the start.
@Ahooker-Equator This is really encouraging to hear! I'm dealing with a similar chronic condition and was worried I'd have no income options while I figure out my work limitations. When you were job searching during your recovery, did you disclose your restrictions upfront in applications or wait until interviews? I'm trying to balance being honest about my limitations while not immediately disqualifying myself from opportunities. Also, did NYS Department of Labor give you any guidance on what types of jobs to focus on, or was it more general "any work you can physically do"? I want to make sure I'm meeting their requirements while also being realistic about what I can handle health-wise.
Freya Pedersen
Just wanted to share my recent experience - I received my KeyBank debit card last week and it came in exactly the kind of plain envelope everyone described. What helped me was that I signed up for USPS Informed Delivery (it's free) so I could see a preview of all my mail online each morning. That way I knew to look for the KeyBank envelope even though it looked like junk mail. The card itself was in a standard white business envelope with just "KeyBank" in the return address corner - no mention of unemployment or NY DOL anywhere on the outside. Definitely would have been easy to miss if I wasn't expecting it!
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Jacob Lee
•That's a great tip about USPS Informed Delivery! I just signed up for it after reading your comment. Being able to see previews of what's coming in the mail will definitely help me spot that KeyBank envelope when it arrives. Thanks for sharing your experience - it's reassuring to know exactly what to expect!
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Ravi Kapoor
I work at a post office and can confirm what everyone is saying - these KeyBank unemployment cards do come in very plain envelopes that look like regular business mail or even credit card offers. We see them all the time and honestly, they're designed to be discreet for security reasons. A few tips from the postal side: The envelope will usually have a barcode at the bottom, standard first-class postage, and the KeyBank return address (often from their Ohio processing center). If you're really worried about missing it, you can put a mail hold at your local post office and pick up your mail in person for a week or two while you're expecting it. That way nothing gets lost or accidentally thrown away. Just bring ID and they can hold your mail for up to 30 days. Also, if you have a mailbox that's easily accessible to others, consider getting mail delivery to your local post office instead during this time - it's called General Delivery and it's free.
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StarSailor
•This is incredibly helpful advice from someone who actually works at the post office! I had no idea about the mail hold option or General Delivery - that's a great backup plan if I'm really worried about missing it. The detail about the barcode at the bottom is useful too, I'll look for that. Thanks for the insider perspective on what these envelopes actually look like from the postal worker's side!
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