Can I get unemployment if I was fired for being sick - NYS Department of Labor eligibility?
I worked at a retail store for 8 months and had to call out sick several times over the last few months due to a stomach condition. My manager said I was using too many sick days even though I brought doctors notes. Last week they fired me saying I was 'unreliable' and had too many absences. I never got any formal warnings about this. Can I still file for unemployment benefits with NYS Department of Labor? I'm worried they'll say I was fired for misconduct but I was genuinely sick and had medical documentation. Has anyone dealt with something similar?
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NeonNebula
You can definitely file for unemployment benefits. Being fired for illness-related absences with medical documentation is generally not considered misconduct under NYS Department of Labor rules. When you file your claim, make sure to explain that you were terminated due to medical absences that were documented by your doctor. Keep all your medical records and documentation ready in case they request it during the adjudication process.
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Malik Thomas
•Thank you! Should I mention the doctors notes when I file online or wait until they ask? I have about 6 different notes from my doctor over the past 3 months.
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Isabella Costa
same thing happened to my sister last year, she got approved for UI benefits even though her job said she was fired for attendance. the key is having those medical documents like you do
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Ravi Malhotra
•Exactly right. NYS Department of Labor looks at whether the absences were due to circumstances beyond your control. Medical issues with doctor documentation usually qualify. Make sure when you file your weekly claims you're honest about why you were terminated - don't try to hide that you were fired.
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Freya Christensen
Wait I'm confused about this too... if you get fired can you always get unemployment or does it depend on the reason?? I thought being fired meant automatic disqualification
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NeonNebula
•No, you can still get benefits if you were fired for reasons other than misconduct. NYS Department of Labor defines misconduct pretty specifically - it has to be willful disregard of your employer's interests or deliberate violation of rules. Being sick isn't misconduct, especially with medical documentation.
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Freya Christensen
•oh ok that makes sense, thanks for explaining! I was worried about my own situation
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Omar Farouk
I had a nightmare trying to get through to NYS Department of Labor when my claim went into adjudication for something similar. Spent weeks calling and getting disconnected. Finally used this service called Claimyr (claimyr.com) that helped me actually reach an agent to explain my situation. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made all the difference in getting my claim resolved quickly.
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Malik Thomas
•How long did it take once you were able to talk to someone? I'm hoping to avoid delays if possible.
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Omar Farouk
•Once I actually got through to explain my medical situation with documentation, they approved my claim within a week. The hard part was just making contact with an actual person.
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Chloe Davis
File ASAP! Don't wait around thinking about it. The longer you wait the longer it takes to get your first payment. And yeah like everyone said, medical absences with documentation are not misconduct under unemployment law.
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Maxwell St. Laurent
I went through almost the exact same situation about a year ago - fired from a restaurant job for "excessive absences" due to chronic migraines, even with doctor's notes. I was terrified they'd deny my claim, but NYS Department of Labor approved it without any issues. The key things that helped me: 1) I was completely honest on my application about being terminated for medical absences, 2) I uploaded copies of all my medical documentation when I filed, and 3) I kept detailed records of every doctor visit and note I had provided to my employer. Your situation sounds even stronger than mine was since you have 6 months of documentation. Don't let your employer's "misconduct" label scare you - the Department of Labor makes their own determination based on the facts and the law.
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Ravi Choudhury
•This is really reassuring to hear from someone who went through the exact same thing! I'm feeling much more confident about filing now. Quick question - when you say you uploaded the medical documentation when you filed, was that during the initial online application or did you have to wait for them to request it? I want to make sure I do everything right from the start.
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