NY unemployment while injured (collect, file, receive, claim)

[nickynyc]

So I had a job where I was laid off end of 2013 and received unemployment for about 2 months. I started working as an independent contractor on commission in feb 2014 and stopped filing for unemployment.
Last month i broke my leg while on vacation and i am no longer able to work until my leg heels as I cannot drive or walk to meet with clients and function normally. I believe there is still time left on my claim from decemeber 2013.
I notified my job that I was hurt and wont be able to work until Im able to walk again. They are fine with that and I can return once Im able.
I notified unemployment that I quit due to an injury and said Im looking for work in my previous line of work where I was laid off in 2013. They have since sent several letters asking many and all details related to my job functions, if Ill be returning, when did I quit. They want the doctor to answer a ton of questions related to my injury and exactly what I can and cannot physically do.
i really need this money to pay my bills and dont want to say the wrong thing to get denied.

Should I actually quit the job, or should I tell unemployment Ill be returning to the job once I recover?
Will I be eligible for benefits? The dr says I can work at a desk job, just nothing involving and weight bearing on my foot.

[Chyvan]

The problem with a medical quit is that it raises an able and available issue.

So far, you've done things right. You told your employer about your injury, they are ok with you recovering, and will most likely go back when you are better.

This is what UI wants to know. Can you do some work? Will you actually look for work that you can do?

With medical quits, what you say about your condition means NOTHING (unless it renders you ineligible). In the UI world only a doctor can make a diagnosis, prognosis, and make expert statements as to your current condition and limitations.

Do NOT quit your job. Once you asked for the equivalent of a leave of absence, and it was granted, there is no reason to quit, and doing so would get you disqualified because "you refused your employer's offer of a leave of absence until you recovered." In medical situations, you only quit when your efforts to get a leave are met with a response like, "sorry about your chemo therapy, but we have no use for a model that's lost all her hair. We wish you the best." In a situation like that, there is no going back to your job, but that doesn't mean that the model can't work in a call center, and would get UI provided there was a statement from a doctor saying that she can do some work, just not work that requires a beautiful head of hair.

Things you have to prove:

You asked for a leave

It was granted

Your doctor "saying" you can do some work is not enough. It MUST be on paper and signed by him and not some office manager.

Then you have to actually look for work that you can do. You don't get an exception from the work search because of your leg. If you want a stress free recovery, then you want disability if NY offers it, not unemployment.

UI is not a disability plan, and they have about ZERO sympathy, so whatever you do, don't go for the sob story. You want to be sick enough that you can't do your current job, but not so sick that you convince everyone that you can't do anything (including looking for work, so watch what you say about driving, or the next question will be, "how do you propose to get to interviews?")

Originally Posted by nickynyc

I notified unemployment that I quit due to an injury and said Im looking for work in my previous line of work where I was laid off in 2013.

This will be your biggest problem. You're going to have to retract what you said on your application. It might be no more difficult than pointing out that the choices are "quit" or "discharged," and had there been a choice of "unpaid leave," you'd have taken that one. For the most part, when a UI worker sees "quit," they're already hovering the mouse pointer over "denied."

[nickynyc]

Thank you for responding.
My dr did write a letter saying I'm able to work in any non weight bearing type jobs such as a desk job.
In regards to the leave of absence i work as an independent contractor on commission so there's no formal leave of absence as I'm not an employee.
If I indicate that I will return to the job once I recover and can look for office work in the mean time will I still be eligible? I can have the job state it will be ok to return when I'm ready.
Or is that considered disability? I don't want to sit home while I recover and cannot pay bills off the small amount ny disability gives.

[Chyvan]

Originally Posted by nickynyc

My dr did write a letter saying I'm able to work in any non weight bearing type jobs such as a desk job.
In regards to the leave of absence i work as an independent contractor on commission so there's no formal leave of absence as I'm not an employee.
If I indicate that I will return to the job once I recover and can look for office work in the mean time will I still be eligible?

The problem isn't whether you'll go back to work there or not. The "independent contractor" thing raises self-employment issues. It's a thing that NY is more picky about than some other states. If you say things correctly, you can minimize the impact. So long as self employed is not something you strived to be but rather it was all that was available and better than nothing while you still looked for a job like you had before. Also, it's possible that while they pay you like a contractor, that you're really not. However, if you like this job and you play that card and start an investigation, whether it's in your favor or not, you most like won't have a "job" to go back to when you recover.

Originally Posted by nickynyc

I can have the job state it will be ok to return when I'm ready.
Or is that considered disability? I don't want to sit home while I recover and cannot pay bills off the small amount ny disability gives.

You don't really need the job to say anything in that regard. Either way things work in your favor: if they say, "we don't have any work this person can do in his condition and will be replacing him before he gets better," that's still in the realm of a good cause quit. It's not your fault you can't do those specific duties anymore. If they say, "we're holding the postion until he recovers," that's ok too. Then you're on an approved leave of absence. The important thing is that you asked for a "leave of absence," not whether it was granted or not.

Disability and UI interact. In a high percentage of circumstances you can't have it both ways, but there are exceptions. The extreme example would be a jack hammer operator that develops a bad back. He probably can't run a jack hammer anymore (disability), but he can probably direct a crew of jack hammer operators with no trouble (he's able and available). In a case like that, you can potentially get both disasability and UI at the same time. However, a situation like this would take a long time getting decided, so if you're desperate for money now, you should pick one and not try for both.

[nickynyc]

Thanks for your helpful information. After lots of questions I did finally get my payments released.
Sadly, my claim has now expired and I have to file a new claim. The most recent job as I mentioned is a 1099 position and I wont be able to collect from that. Once I file the new claim, am I still going to be able to collect from the previous employer that ended December 2013? I collected a total of about 4 months of benefits from the previous claim. My concern is if I can collect from that employer again since there is a more recent job.

Thank you

[Ariadne22]

Originally Posted by nickynyc

Sadly, my claim has now expired and I have to file a new claim. The most recent job as I mentioned is a 1099 position and I wont be able to collect from that.

Once I file the new claim, am I still going to be able to collect from the previous employer that ended December 2013?

I collected a total of about 4 months of benefits from the previous claim.

My concern is if I can collect from that employer again since there is a more recent job.

You cannot use the same wages again. You can only use wages from that employer not previously used in your first claim and only IF you have worked and earned NEW covered (W-2) wages AFTER you first filed for benefits in 2013.

NY website and handbook do not explain earnings requirement for a requalifying claim at end of first benefit year, so I can't give you a definitive number. Most states provide a $$ amount or earnings of x wks WBA necessary for a requalifying claim, usually in a lesser $$ amount and with a less strict high quarter requirement. I do not know NY's requirement on this.

All you can do is apply. If the 1099 wages are high enough, it might be worth your while to get a reclassification of those earnings in order to qualify for a new claim.

NY says this on IC earnings:

My employer paid me as an independent contractor and/or paid me off the
books. What do I do?

It is against the law for any employer to force you to give up your rights to file for
Unemployment Insurance benefits. No employer should tell you that you cannot
claim benefits. Everyone has a right to file a claim. The Department of Labor alone
will decide if you are eligible for benefits. It does not matter whether your employer
considered you an independent contractor or an off-the-books worker. It does not
matter whether you were paid in cash, check, part cash/part check or otherwise. You
should always file for benefits when you become unemployed.

Most employers obey the law and properly classify their employees. However, some
employers may classify you as an independent contractor when you should be
classified as an employee. Sometimes they may not tell you they are doing this. An
employer may want to classify a worker as an independent contractor or pay them
off the books to avoid obeying laws that protect workers and provide benefits, such
as Unemployment Insurance. Employers who misclassify workers as independent
contractors or pay them off the books deprive workers of important protections. They
also may be committing fraud. Businesses that disobey the law also put businesses
that obey the law at an unfair competitive disadvantage.

If you have been misclassified as an independent contractor or paid off the books,
your wages may not appear on your Monetary Benefit Determination form. Please see
page 9: “If wages and/or employers are missing from your Monetary Benefit Determination
notice.” You should complete and return the “Request for Reconsideration” form found
at the back of this handbook.

If you know of other workers who have been misclassified, call the Employer Fraud Hotline
at 1-866-435-1499 (24-hours) or the Unemployment Insurance Fraud Unit at 1-518-485-2144
from 8 AM to 4 PM. We will keep your information private and you can remain anonymous.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf

If those earnings are sufficient, getting those earnings reclassified may be your only hope of another claim.