Can you get unemployment if you were discharged from your job in NY?
I was discharged from my retail job last month for attendance issues. I had some health problems that caused me to miss work but I didn't have enough sick days left. My manager said it was job abandonment but I was planning to come back. Can I still apply for unemployment benefits through NYS Department of Labor? I'm really worried because I need the income and I'm not sure if being discharged disqualifies me automatically. Has anyone else been in this situation?
11 comments
Join the conversation
Fatima Al-Sayed
You can definitely still apply for unemployment even if you were discharged. NYS Department of Labor will review your case during adjudication to determine if the discharge was for misconduct or not. Attendance issues due to health problems might not be considered misconduct, especially if you can document the medical reasons. Make sure to file your claim right away and be honest about the circumstances when you fill out your application.
0 coins
Giovanni Marino
•Thank you! Should I mention the health issues when I file or wait until they ask? I have some doctor notes but not for every absence.
0 coins
Dylan Hughes
I got discharged for similar reasons and still got approved for UI benefits. The key is whether NYS Department of Labor considers it misconduct. Missing work due to illness usually isn't misconduct if you followed company policy for reporting absences. When you file your weekly claims, they'll ask about the reason for separation and you should be truthful. The adjudication process took about 3 weeks for me but I did get approved.
0 coins
NightOwl42
•3 weeks for adjudication? Mine took almost 6 weeks and I'm still waiting! The NYS Department of Labor system is so backed up right now.
0 coins
Sofia Rodriguez
Getting through to someone at NYS Department of Labor to check on adjudication status is nearly impossible with their phone lines. I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent when my claim was stuck. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth trying if you need to speak to someone about your discharge situation.
0 coins
Dmitry Ivanov
•Never heard of that but honestly anything is better than sitting on hold for hours just to get disconnected.
0 coins
Ava Thompson
The NYS Department of Labor will look at whether you willfully violated company policy or if there were circumstances beyond your control. Health issues that prevent you from working are usually considered beyond your control. Make sure you have documentation ready in case they request it during the adjudication process. Also keep doing your job search activities while you wait for the decision on your claim.
0 coins
Giovanni Marino
•Good point about the job search. Do I need to start logging job searches right away even if my claim isn't approved yet?
0 coins
Ava Thompson
•Yes, start your job search log immediately. You'll need to show 3 job search activities per week once your claim is approved, so it's better to start early.
0 coins
Mia Alvarez
I went through something similar - was discharged for attendance issues related to a chronic condition. The NYS Department of Labor approved my claim because I was able to show that my absences were health-related and not willful misconduct. Key things that helped me: 1) I was honest about the discharge reason when filing, 2) I had medical documentation ready (even partial records help), and 3) I emphasized that I intended to return to work and wasn't abandoning the job. The adjudication took about 4-5 weeks but it was worth the wait. Don't let the discharge discourage you from applying - you have a good chance of approval given the medical circumstances.
0 coins
Sofia Peña
•This is really helpful to hear from someone who went through the exact same situation! I'm feeling more hopeful now. Quick question - when you say you emphasized that you intended to return to work, did you mention that specifically in your initial application or during a phone interview with NYS Department of Labor? I want to make sure I present my case in the best way possible.
0 coins