Can you collect unemployment if you are suspended without pay from work?
My employer suspended me without pay last week pending an investigation into some customer complaints. They said it could take 2-3 weeks to complete their review. I'm not sure if I can file for unemployment during this time since technically I still have a job, just not getting paid. Has anyone been in this situation before? Do I qualify for NYS Department of Labor benefits while suspended?
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Sophie Hernandez
Yes, you can typically file for unemployment benefits during an unpaid suspension in New York. Since you're not receiving wages and are available for work, you meet the basic eligibility requirements. The key is that you're temporarily unemployed through no fault of your own during the suspension period.
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Emily Thompson
AuthorThat's a relief! Do I need to mention the investigation when I file my weekly claims?
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Daniela Rossi
I went through this exact situation last year. Filed my claim right away and got approved. Just make sure you're honest about the suspension when filling out your application. NYS Department of Labor will likely contact your employer to verify the details.
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Ryan Kim
Did they ask you a lot of questions about why you were suspended?
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Daniela Rossi
They asked basic questions during the phone interview but nothing too invasive. As long as you weren't suspended for misconduct, you should be fine.
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Zoe Walker
Wait I'm confused... if you still technically have a job how can you get unemployment?? I thought you had to be actually fired or laid off
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Sophie Hernandez
Unemployment benefits cover situations where you're temporarily without work AND wages, even if you technically still have a job. Unpaid suspension qualifies as long as it's not due to misconduct on your part.
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Elijah Brown
I had trouble reaching someone at NYS Department of Labor when I was in a similar situation. Kept getting busy signals and the online chat was useless. Someone here recommended claimyr.com and I was able to get through to an actual person who explained everything. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier.
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Emily Thompson
AuthorThanks for the tip! I'll check that out if I have trouble getting through to them.
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Maria Gonzalez
BE CAREFUL!! If the investigation finds you did something wrong you might have to pay back the benefits. I've seen this happen to people before where they got unemployment during suspension then had to repay everything when they got fired.
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Sophie Hernandez
That's only if the employer can prove misconduct occurred. If you're innocent or the suspension is for something minor, you shouldn't have to worry about repayment. Just be honest in your application.
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Natalie Chen
File ASAP! There's usually a waiting week so the sooner you start the process the better. Even if you end up going back to work you can always close your claim.
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Diez Ellis
I was in a similar situation about 6 months ago - suspended pending investigation for 3 weeks. I filed immediately and got approved. The key thing to remember is that you need to keep certifying weekly even if you think you might go back to work soon. NYS DOL told me that as long as you're not receiving wages and are available for work, you qualify. Just make sure you report any changes if/when you return to work. The whole process was actually pretty straightforward once I got through to someone at the department.
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Isabella Costa
Thanks for sharing your experience! That's really helpful to know. Did you have any issues when you went back to work after the investigation? I'm worried about the transition back and whether there are any special steps I need to take with NYS DOL when closing the claim.
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Ravi Sharma
@e48ca6365907 When I went back to work after my suspension ended, I just stopped certifying for benefits and called the NYS DOL to let them know my employment status changed. They closed my claim automatically. The transition was smooth - no issues at all. Just make sure you report your return-to-work date accurately so there's no overpayment situation. The whole experience made me realize how important it is to file right away when you're suspended without pay!
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Amina Sow
When I went back to work, I just stopped certifying for benefits and called the NYS DOL to let them know my employment status changed. They closed my claim automatically. No issues at all! The important thing is to notify them as soon as you return to work - don't wait until your next certification period. You can usually do this online through the NY.gov portal or by calling their customer service line. Just have your claim details ready when you call.
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