Can I collect unemployment if I get fired for medical reasons in New York?
My employer let me go last week citing my medical condition as affecting my job performance. I have diabetes and sometimes need to take breaks or leave early for doctor appointments. They said I wasn't meeting productivity standards but I feel like it's really because of my medical issues. Can I still file for unemployment benefits with NYS Department of Labor? I'm worried they'll deny my claim since technically I was fired.
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Angelica Smith
You absolutely can and should file for unemployment! Being terminated due to a medical condition doesn't automatically disqualify you from UI benefits. The key is that you weren't fired for willful misconduct. Medical conditions are protected, and if your employer didn't provide reasonable accommodations, they may have violated ADA. When you file your claim, be honest about the termination reason but emphasize that you were willing and able to work with accommodations.
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Sophia Long
•Thank you! Should I mention the ADA stuff when I file or just stick to the basic facts about being terminated?
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Logan Greenburg
I went through something similar with my back injury. NYS Department of Labor approved my claim even though I was terminated. The trick is in how you answer the questions during your initial filing. Don't say you were fired for poor performance - say you were terminated due to your medical condition requiring accommodations that weren't provided. Keep documentation of any medical paperwork you gave your employer.
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Charlotte Jones
•wait but what if they fight the claim and say it was performance related?? i'm dealing with this exact situation right now
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Logan Greenburg
•Then it goes to adjudication and you'll need to provide medical documentation showing your condition was legitimate. Keep records of doctor visits, accommodation requests, anything that shows you tried to work within your limitations.
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Lucas Bey
The NYS Department of Labor phone system is impossible to get through if you need to discuss this situation with someone. I spent weeks trying to reach an agent about my medical termination case. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to real NYS Department of Labor representatives. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak to someone directly about your specific medical situation.
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Harper Thompson
•How much does that cost though? seems like something that should be free
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Lucas Bey
•It's way cheaper than missing out on weeks of benefits because you can't get through to clarify your claim status. Sometimes you just need to talk to a human about complex situations like medical terminations.
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Caleb Stark
THIS IS EXACTLY WHY I HATE THE SYSTEM! They fire us for being sick and then make us jump through hoops to get the benefits we deserve. I had lupus flares and got canned for 'unreliability' - took 8 weeks to get my claim approved because they kept requesting more medical documentation. The whole process is designed to wear you down!
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Jade O'Malley
•I feel you but at least NY is better than some states. Just gotta document everything and be persistent with the appeals if needed.
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Harper Thompson
yeah similar thing happened to my friend, she got her benefits eventually but had to appeal the initial denial. definitely file right away though, don't wait
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Aiden Rodríguez
File your claim ASAP - you're definitely eligible! I had a similar situation with my chronic migraines affecting my work schedule. The employer tried to claim it was performance-related, but I documented everything - medical appointments, accommodation requests I made, even emails where I explained my condition. NYS DOL sided with me because they could see I was trying to do my job despite the medical issues. Key things: keep all your medical records, any communication with HR about accommodations, and be clear in your claim that you were terminated due to your medical condition, not misconduct. The diabetes management you mentioned (breaks, appointments) are totally reasonable accommodations they should have provided.
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Jungleboo Soletrain
•This is really helpful advice! Quick question - when you say "be clear in your claim that you were terminated due to your medical condition" - did you actually use those exact words in the application? I'm filling mine out now and trying to figure out the best way to phrase it without making it sound like I couldn't do the job at all. Also, did you have to get a letter from your doctor or was your own documentation enough?
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Natasha Petrov
•@Aiden Rodríguez Yes, I was pretty direct about it. On the application where it asks why you were separated from employment, I wrote something like Terminated "due to employer s'inability to accommodate medical condition requiring periodic breaks and medical appointments. Don" t'say you couldn t'do the job - emphasize that you needed reasonable accommodations that weren t'provided. I did get a letter from my neurologist that outlined my condition and the accommodations I needed, which really helped when the employer contested it. The letter didn t'have to be super detailed, just confirmed my diagnosis and that the accommodations I requested flexible (schedule for appointments, quiet space during migraines were) medically necessary. Having that doctor s'letter made all the difference when it went to the hearing.
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