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?
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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.
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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.
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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.
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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.
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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.
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Dmitry Ivanov
•Never heard of that but honestly anything is better than sitting on hold for hours just to get disconnected.
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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.
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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?
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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.
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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.
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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.
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Paige Cantoni
•@Mia Alvarez Thank you so much for sharing your experience! This gives me real hope. I mentioned in both my initial application and when I called finally (got through after using that Claimyr service Sofia mentioned .)I specifically said I was planning to return once my health improved and that I never intended to abandon my position. The fact that you got approved in a similar situation is really encouraging - I was so worried the discharge would automatically disqualify me.
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NeonNebula
•@Mia Alvarez Your experience gives me so much hope! I m'in almost the exact same situation - discharged for attendance due to health issues but I never intended to quit. Did you file your claim right away after the discharge or did you wait? I m'worried about seeming too eager but I also don t'want to miss any deadlines. Also, when NYS Department of Labor contacted you during adjudication, what kinds of questions did they ask about the medical issues?
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Charlee Coleman
•@Mia Alvarez I m'dealing with a very similar situation right now - discharged for attendance issues due to medical problems. Your post gives me so much reassurance! I m'curious about the timeline - how long after your discharge did you file your unemployment claim? I was let go about 2 weeks ago and I m'worried I ve'already waited too long. Also, did NYS Department of Labor require specific types of medical documentation or were general doctor s'notes sufficient? I have some documentation but it s'not super detailed about my condition.
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Malik Thomas
•@Mia Alvarez This is exactly what I needed to hear! I m'going through the same thing - discharged last month for attendance issues due to health problems. I was so scared that being discharged would automatically disqualify me, but your experience gives me real hope. I filed my claim about a week after the discharge and I ve'been honest about everything. I have some medical records but not complete documentation for every absence. Did NYS Department of Labor ask for a lot of detailed medical proof during your adjudication, or were basic doctor s'notes enough to show it was health-related? I m'trying to gather all my documentation now while I wait for them to review my case.
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