Fired for being sick - can I collect NYS Department of Labor unemployment benefits?
My employer terminated me last week after I called out sick three times in two months. I had doctor's notes for two of the absences and the third time I had food poisoning. HR said I violated their attendance policy but I feel like this is unfair since I was genuinely ill. Can I still file for unemployment benefits through NYS Department of Labor? I'm worried they'll say I was fired for misconduct. Has anyone dealt with a similar situation?
9 comments
Join the conversation
Aiden O'Connor
You should definitely file for unemployment. Being fired for attendance due to legitimate illness is generally not considered misconduct in New York. The key is having documentation - those doctor's notes will be crucial if your claim goes to adjudication. Make sure to mention you had medical documentation when you file your initial claim.
0 coins
Sofía Rodríguez
•Thank you! I kept copies of the doctor's notes. Should I upload them when I file my claim online or wait until they ask for them?
0 coins
Zoe Papadopoulos
File ASAP. NYS Department of Labor will investigate the circumstances of your termination during the adjudication process. Your employer will have to prove you were fired for willful misconduct, not just attendance issues. Illness with medical documentation usually doesn't qualify as misconduct.
0 coins
Jamal Brown
•This is correct. I was fired for similar reasons last year and my claim was approved after about 3 weeks of adjudication.
0 coins
Fatima Al-Rashid
ugh this happened to my friend too!! employers are so unfair about sick days. she got her unemployment approved but it took forever to get through to someone at NYS Department of Labor to check on her claim status
0 coins
Aiden O'Connor
•If you need to reach NYS Department of Labor by phone for claim status updates, I've heard people having success with a service called Claimyr (claimyr.com). They help you get through to actual agents instead of dealing with busy signals. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
0 coins
Giovanni Rossi
Same boat here! Got canned for calling out with the flu even though I had a doctor's note. Filed my claim yesterday and now just waiting to see what happens. This whole system is ridiculous.
0 coins
Sofía Rodríguez
•Did you mention the doctor's note in your application? I'm trying to figure out the best way to word everything.
0 coins
Aaliyah Jackson
absolutely file!! the worst they can do is deny it and then you can appeal. but with medical documentation you should be fine
0 coins