Can you collect unemployment if you are suspended without pay from work?

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.

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.

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

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.

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.

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.

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.

I'm currently going through something similar - suspended without pay for almost 2 weeks now while they investigate some workplace incident. I filed for unemployment right away after reading some of these responses and just got my approval letter yesterday! The application process asked about the reason for unemployment and I just selected "temporarily laid off" and explained the suspension in the comments section. They didn't give me any trouble about it. One thing I learned is to make sure you keep documenting everything from your employer about the suspension timeline in case NYS DOL needs more info later. Good luck with your situation Emily!

I was suspended without pay about 8 months ago for 2 weeks while my company investigated some alleged policy violations. I filed for unemployment benefits immediately and was approved within a week. The NYS DOL representative I spoke with explained that unpaid suspension counts as temporary unemployment as long as you're available and actively seeking work (or waiting to return to your position). The most important thing is to be completely transparent about the suspension when filing - don't try to hide it or misrepresent the situation. I had to provide my employer's contact info and they did verify the suspension details. In my case, the investigation cleared me and I returned to work, so I just closed my claim when I got my first paycheck back. The whole experience was much less stressful than I expected once I understood the process. File as soon as possible since there's typically a waiting period before benefits begin.

I went through this exact situation about 3 months ago when I was suspended without pay pending a customer complaint investigation. Filed for unemployment immediately and was approved within about 10 days. The key things that helped me: 1) Be completely honest about the suspension on your application - don't try to hide it, 2) Select "temporarily laid off" as your reason and explain the suspension in the additional comments, 3) Keep all documentation from your employer about the suspension timeline, and 4) Continue certifying weekly even if you think you might return soon. NYS DOL contacted my employer to verify but it was just a routine confirmation call. The whole process was actually smoother than I expected. Since you're not receiving wages and are available for work, you definitely qualify. Don't wait to file - the sooner you start the better since there's usually a waiting period. Even if the investigation wraps up quickly and you return to work, you can easily close your claim once you start receiving paychecks again.

I'm currently dealing with a very similar situation - been suspended without pay for about 5 days now while my employer investigates some workplace issues. Reading through all these experiences has been incredibly reassuring! I was really nervous about filing since I wasn't sure if suspension counted as being "unemployed" but it sounds like NYS DOL treats unpaid suspension the same as temporary layoffs. I'm planning to file my claim tomorrow morning and will definitely follow the advice here about being completely transparent and selecting "temporarily laid off" with a clear explanation in the comments. It's also really helpful to know that the employer verification calls are routine and not something to stress about. Thanks everyone for sharing your experiences - this community is such a great resource for navigating these confusing situations!

I'm going through something very similar right now - suspended without pay for 6 days while they investigate some customer service complaints. This thread has been incredibly helpful! I was hesitant to file because I wasn't sure if I qualified, but reading everyone's experiences has given me the confidence to move forward. It's clear that unpaid suspension does qualify for unemployment benefits in NY as long as you're honest about the situation. I'm planning to file this week and will follow all the great advice here - be transparent, select "temporarily laid off," document everything, and file ASAP to account for the waiting period. Thank you all for sharing your stories and creating such a supportive community for those of us navigating these stressful situations!

I just wanted to add my experience since I went through this exact situation about 4 months ago. I was suspended without pay for 2.5 weeks while my employer investigated some inventory discrepancies. Like many others here, I was initially hesitant to file because I thought you had to be completely terminated to qualify. But after talking to a NYS DOL representative, I learned that unpaid suspension absolutely qualifies you for benefits since you're not receiving wages and are available for work. The application process was straightforward - I selected "temporarily laid off" and explained the suspension situation in the comments section. They did contact my employer to verify, but it was just a quick confirmation call. I was approved within about a week and started receiving benefits. When the investigation concluded (I was cleared) and I returned to work, closing the claim was simple - I just reported my return date and first paycheck. My advice: file immediately, be completely honest, keep all documentation from your employer, and don't stress about the employer verification process. The system is designed to handle these situations and the staff are generally very helpful once you get through to them.