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Similar thing happened to me except it was after I used all my sick time for COVID. Got fired two weeks later for 'not being a team player' whatever that means. Filed anyway and got approved after they investigated. The employer tried to contest but couldn't prove actual misconduct.
This is definitely worth pursuing - the timing after your FMLA return is highly suspicious and could indicate retaliation, which is illegal. When you file your unemployment claim, be very detailed about the timeline: when you took FMLA, when you returned, and exactly when they terminated you. Also mention that your previous performance reviews were positive. NYS Department of Labor takes potential FMLA retaliation seriously during their investigation. Even if your employer contests the claim saying it was for "performance issues," the burden will be on them to prove it was legitimate misconduct and not related to your protected leave. Keep copies of everything and don't let them intimidate you - you have rights here.
This is really helpful advice! I'm definitely going to be detailed about the timeline when I file. Do you know if there's a specific timeframe I need to file by? I was terminated last Friday and I'm worried about missing some kind of deadline while I'm gathering all my documentation.
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u ever get this sorted out? curious what happened
Yes! I updated my bank info online, waited 5 days, then checked my account to confirm the last 4 digits of my new account were showing. Then I filed my weekly certification and got my payment in the new account 2 days later with no issues. Definitely glad I waited to make sure everything was updated first.
Just went through this exact same process last week! Updated my direct deposit info on Monday and it took exactly 4 business days to show up in my account settings. The key thing is to log in and check that your new bank account's last 4 digits are displaying correctly before you file your weekly cert. I was paranoid about it so I called the automated system to double-check my payment method was updated - you can do this by calling the main NYSDOL number and using the automated options. Once I confirmed everything looked good, I filed my certification and got paid to the new account without any problems. Definitely worth the peace of mind to wait those few extra days!
That's really helpful to know about the automated phone system! I didn't realize you could check your payment method that way. What number did you call and which menu options did you use to verify the direct deposit info was updated?
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same thing happened to my neighbor, she just had to apply for other benefits and keep looking for work
This is such a frustrating situation and unfortunately very common. The system calculates your total benefit amount when you first file based on your previous wages, and once that money is gone, that's it - even if you have weeks left in your benefit year. It's not based on a guaranteed 26 weeks, but rather on your specific monetary entitlement. I'd suggest calling the NYS DOL to confirm you don't qualify for any extensions, and definitely look into other safety net programs like SNAP, emergency rental assistance, and local food banks while you continue your job search. Don't give up - keep applying and using all the job placement services available through the state.
This is really helpful information, thank you! I had no idea it was based on monetary entitlement rather than guaranteed weeks. Do you know if there's a way to check exactly how the total benefit amount was calculated? I want to make sure I understand what I'm entitled to before my balance runs out completely.
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Just wanted to add that timing matters too when you're thinking about filing. If you're still in that 6-week probationary period and things aren't working out, you might want to consider whether leaving would be considered "good cause" versus being terminated. NYS Department of Labor distinguishes between quitting for good cause (like unsafe working conditions, significant changes to job duties, etc.) and just quitting because the job isn't a good fit. If you're terminated during probation through no fault of your own, that's usually fine for unemployment eligibility. But if you quit just because it's not working out, that could complicate things even if you meet all the wage requirements everyone mentioned.
@Mikayla Davison brings up a really important distinction that I think gets overlooked a lot. The good "cause requirement" can be tricky to navigate, especially during probationary periods. I ve'seen people get denied benefits because they quit for reasons that seemed valid to them but didn t'meet NYS Department of Labor s'specific definition of good cause. @Lydia Santiago if you re concerned'about the job fit, it might be worth documenting any issues that arise - like if expectations weren t clearly'communicated during hiring, working conditions differ from what was described, or if there are safety concerns. That way if you do need to leave, you have evidence to support a good cause claim rather than it just being about personal preference or job fit.
I've been through a similar situation where I wasn't sure about my eligibility after starting a new job. What really helped me was calling the NYS Department of Labor directly to go over my specific work history and wage credits. They can tell you exactly where you stand based on your individual circumstances. The representatives are usually pretty helpful once you get through - though I know that can be the challenging part! They can also explain how your previous employment would factor into the base period calculation, which varies depending on when exactly you file. It's worth having that conversation before you make any decisions about the job, especially since you're still in the probationary period where things could go either way.
@Malik Johnson that s'solid advice about calling directly. I m'actually in a really similar position to @Lydia Santiago - been at my current job for about 2 months now and the fit isn t great.'It s helpful'to know that they can walk you through your specific situation over the phone. Did you find the wait times reasonable when you called, or did you have to try multiple times to get through? I ve been'hesitant to call because I ve heard'horror stories about being on hold forever, but it sounds like it might be worth the effort to get personalized info about my wage credits and eligibility before making any moves.
Natasha Kuznetsova
The unemployment system is so messed up! They make it impossible to get answers when you're already dealing with family emergencies. Like why can't they have some kind of partial benefit for people on FMLA who aren't getting full pay?? The whole thing is designed to screw over working families.
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Javier Mendoza
•I feel you on the frustration but there are logical reasons for the rules. If someone on FMLA could get unemployment, it would essentially be double-dipping from government programs since FMLA protects your job while UI is meant to replace income when you lose your job.
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Emma Thompson
check with your state disability program maybe? i know some states have temporary disability benefits that might cover part of your income during fmla but idk if ny has that
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Omar Farouk
•New York does have Paid Family Leave (PFL) which might be what you're looking for! It provides partial wage replacement when you're on FMLA for bonding with a new child or caring for a family member. You should check if your situation qualifies - you can apply through your employer or directly with NY's PFL program. It's separate from unemployment and designed specifically for people on family leave.
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