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Hi all, I need some advice with regards to my wife's unemployment benefit. She has some minor health problems and cannot meet the requirement of her demanding job. Her company would not lay her off or give her flexible working hours. Due to the health issue, she has to resign and look for another job that is less stressful. How can she get unemployment benefit in between jobs? Thank you!

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Can't that just be an easy way for her boss to get rid of her? She won't be able to file a claim while she's still show... (more)

BrodyInsurance (Feb. 26, 2013 @ 2:12p) |

i.e. Get on the dole!

JaxFL (Feb. 27, 2013 @ 5:54p) |

Kudos to you for recognizing the difference.

JaxFL (Feb. 27, 2013 @ 6:04p) |

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Unemployment eligibility depends on state law. What state is she in?

Most states will view her quitting as a voluntary separation and will not allow benefits. Maybe she should try the old-fashioned method of lining up a new job before quitting the current job? If they're not going to lay her off, she can be lazy & incompetent and still get paid until she finds something new.

Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free

raringvt said:   Most states will view her quitting as a voluntary separation and will not allow benefits. Maybe she should try the old-fashioned method of lining up a new job before quitting the current job? If they're not going to lay her off, she can be lazy & incompetent and still get paid until she finds something new.

She is such a person who never says no to her boss. She always does what she is supposed to do on her job. I told her to become lazy and not doing her job. She said she just cannot do that.

It is very difficult to find a job now, especially a job with less pressure and flexible hours. I do not think she will find a job soon.

We are in NY

uutxs said:   Unemployment eligibility depends on state law. What state is she in?

SUCKISSTAPLES said:   Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free


She can work, just not a job that requires her following stock markets minute by minute. She does not have time to have lunch most of her days. I do not think it is a disability issue. Thanks anyways.

duoduo8 said:   SUCKISSTAPLES said:   Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free


She can work, just not a job that requires her following stock markets minute by minute. She does not have time to have lunch most of her days. I do not think it is a disability issue. Thanks anyways.
how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Has a doctor concurred with your assessment? She has short-term disability coverage, if she truly has medical issues preventing her from working.

But no, she won't get unemployment for quitting.

how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Because it all hinges on the meaning of "disability". Her ability to do her job may or may not be relevant to whether she is considered disabled.



But no, she won't get unemployment for quitting.

Depending upon the circumstances, one can quit and get unemployment.

This sounds like a tough case because it sounds like she is saying that she can't do her job as opposed to the employer saying that she can't do it. Has she spoken to the employer about making commendations for her?

If she quits and her employer challenges the unemployment, my guess is that she'll be out of luck if they would simply say something along the lines of, "we would have made changes for her if she told us."

Collecting disability will be very difficult if she is capable of doing something that pays her in the neighborhood of $1,000/month.

BrodyInsurance said:   how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Because it all hinges on the meaning of "disability". Her ability to do her job may or may not be relevant to whether she is considered disabled.



But no, she won't get unemployment for quitting.

Depending upon the circumstances, one can quit and get unemployment.

This sounds like a tough case because it sounds like she is saying that she can't do her job as opposed to the employer saying that she can't do it. Has she spoken to the employer about making commendations for her?

If she quits and her employer challenges the unemployment, my guess is that she'll be out of luck if they would simply say something along the lines of, "we would have made changes for her if she told us."

Collecting disability will be very difficult if she is capable of doing something that pays her in the neighborhood of $1,000/month.


She can definitely do some regular work with less stress and making much more than $1,000/month. Am I right that she should talk to her employer about her stress and try to work things out? If her employer cannot make it happen, then at least she has some documentation about having to quit rather than voluntarily quitting.

duoduo8 said:   BrodyInsurance said:   how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Because it all hinges on the meaning of "disability". Her ability to do her job may or may not be relevant to whether she is considered disabled.



But no, she won't get unemployment for quitting.

Depending upon the circumstances, one can quit and get unemployment.

This sounds like a tough case because it sounds like she is saying that she can't do her job as opposed to the employer saying that she can't do it. Has she spoken to the employer about making commendations for her?

If she quits and her employer challenges the unemployment, my guess is that she'll be out of luck if they would simply say something along the lines of, "we would have made changes for her if she told us."

Collecting disability will be very difficult if she is capable of doing something that pays her in the neighborhood of $1,000/month.


She can definitely do some regular work with less stress and making much more than $1,000/month. Am I right that she should talk to her employer about her stress and try to work things out? If her employer cannot make it happen, then at least she has some documentation about having to quit rather than voluntarily quitting.


It seems pretty logical to me that if she can't do the job, but wants to keep working if she can, it doesn't make sense to quit.

what does her doctor say about the stress from work and its impacts on her health?
does it qualify her for long term disability benefit from work?


I'm not aware of anyone that can collect unemployment when they voluntarily quit a job. I would rethink that before quitting.

BrodyInsurance said:   duoduo8 said:   BrodyInsurance said:   

It seems pretty logical to me that if she can't do the job, but wants to keep working if she can, it doesn't make sense to quit.


No, she does not want to work on the job. She just follow orders.

duoduo8 said:   BrodyInsurance said:   how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Because it all hinges on the meaning of "disability". Her ability to do her job may or may not be relevant to whether she is considered disabled.



But no, she won't get unemployment for quitting.

Depending upon the circumstances, one can quit and get unemployment.

This sounds like a tough case because it sounds like she is saying that she can't do her job as opposed to the employer saying that she can't do it. Has she spoken to the employer about making commendations for her?

If she quits and her employer challenges the unemployment, my guess is that she'll be out of luck if they would simply say something along the lines of, "we would have made changes for her if she told us."

Collecting disability will be very difficult if she is capable of doing something that pays her in the neighborhood of $1,000/month.


She can definitely do some regular work with less stress and making much more than $1,000/month. Am I right that she should talk to her employer about her stress and try to work things out? If her employer cannot make it happen, then at least she has some documentation about having to quit rather than voluntarily quitting.
She needs a doctor's diagnosis and orders. Otherwise she's just a complainer.

duoduo8 said:   raringvt said:   Most states will view her quitting as a voluntary separation and will not allow benefits. Maybe she should try the old-fashioned method of lining up a new job before quitting the current job? If they're not going to lay her off, she can be lazy & incompetent and still get paid until she finds something new.

She is such a person who never says no to her boss. She always does what she is supposed to do on her job. I told her to become lazy and not doing her job. She said she just cannot do that.

It is very difficult to find a job now, especially a job with less pressure and flexible hours. I do not think she will find a job soon.


I prefer if an employee was honest with me about what is going on with their life than to start slacking off on purpose.

Heck. If you are on the rag then say so instead of just being mean to everyone.

xit said:   what does her doctor say about the stress from work and its impacts on her health?
does it qualify her for long term disability benefit from work?


I'm not aware of anyone that can collect unemployment when they voluntarily quit a job. I would rethink that before quitting.


Our doctor does not say any long-term impact on her health. The doctor prefers her to change job, but does not indicate any long-term impact.

She can file then UE will send paperwork to company which will ask reason she is no longer employed. Depending what company puts down UE will either accept or reject claim. Even if they approve claim the company can appeal at a hearing and from what you are saying is she will lose. What she should of done is start screwing up and making a lot of mistakes and then get fired since you can collect if to stupid to do the job

Sounds like she is in a high paying and high stress job

Why doesn't she just be an admin assistant or something ? I'm guessing that doesn't pay as much as she wants to make ?

Can she not just discuss it with her manager? "Hey, I can't take this job, can I transfer or take on less responsibility for a pay cut?" A few tears wouldn't hurt. If being laid off is a positive at this point, the worst they can do is nothing. If the manager is the problem, try going above him/her.

On the other hand, in NY, the best you'll get is roughly 10k total in unemployment, over the course of 6-12 months (assuming you lost a high-ish paying job). If you guys can afford her taking a paycut for her sanity, maybe the UI benefits aren't really worth it.

duoduo8 said:   xit said:   what does her doctor say about the stress from work and its impacts on her health?
does it qualify her for long term disability benefit from work?


I'm not aware of anyone that can collect unemployment when they voluntarily quit a job. I would rethink that before quitting.


Our doctor does not say any long-term impact on her health. The doctor prefers her to change job, but does not indicate any long-term impact.

So she can't make disability her career. But what about short-term?

SUCKISSTAPLES said:   Sounds like she is in a high paying and high stress job

Why doesn't she just be an admin assistant or something ? I'm guessing that doesn't pay as much as she wants to make ?


She wants to be an admin assistant at her company. It is not allowed due to her education and seniority.

GodelianKnot said:   Can she not just discuss it with her manager? "Hey, I can't take this job, can I transfer or take on less responsibility for a pay cut?" A few tears wouldn't hurt. If being laid off is a positive at this point, the worst they can do is nothing. If the manager is the problem, try going above him/her.

On the other hand, in NY, the best you'll get is roughly 10k total in unemployment, over the course of 6-12 months (assuming you lost a high-ish paying job). If you guys can afford her taking a paycut for her sanity, maybe the UI benefits aren't really worth it.


She already talked to her boss's boss and HR manager. She never mentioned quitting, but said things like it is difficult for her to keep up with the daily work. The answer from the higher up is to file a claim with the company's third-party insurance company on short-term disability. The problem is that short-term disability is only for 4 months, and then she needs to return to work.

If UI is only 10k in NY and we have to pay tax on that, then it may not be worth it.

duoduo8 said:   xit said:   what does her doctor say about the stress from work and its impacts on her health?
does it qualify her for long term disability benefit from work?


I'm not aware of anyone that can collect unemployment when they voluntarily quit a job. I would rethink that before quitting.


Our doctor does not say any long-term impact on her health. The doctor prefers her to change job, but does not indicate any long-term impact.

You need to ask questions and gather more information:

Is the doctor willing to write a letter to your wife's employer, stating that she is unable to meet the requirements of her job and say that your wife should be re-assigned (for example) to a position that is less stressful?

Does the doctor put a time limit on these restrictions or does he consider them permanent?

Does your wife have short-term and/or long-term disability insurance? If so, what are the requirements to collect that disability benefit?

Become familiar with New York Unemployment law:

Nolo article about unemployment eligibility in New York: http://www.nolo.com/legal-encyclopedia/collecting-unemployment-b...

Become familiar with New York Unemployment rules. From http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm#1

Q: How do I know if I may file a claim?

A: By law, the unemployment insurance program provides benefits to people who: .

Have enough employment to establish a claim
* Have lost employment through no fault of their own
* Are ready, willing and able to work and
* Are actively seeking work
* If you worked in New York State within the last 18 months, you have the right to file a claim for benefits.

You must meet the qualifying conditions set by law to qualify for benefits. (See list above.)

We can only determine your eligibility to benefits after you file a claim and we have all the required information. We determine your eligibility based upon the New York State Unemployment Insurance Law and precedents of the Law as set by court decisions.

You may be eligible for benefits if:

•You lost your job due to lack of work
•The temporary or seasonal employment ended
•Your job was eliminated
•There was an involuntary reduction in force
•The company downsized or shut down
•The company restructured or reorganized
•There was a lack of company operating funds/orders
•You were out of work for any other business reason that you did not choose or control
•Your employer discharged or fired you because you could not meet their performance or production standards, or their qualifications for the job
You may be denied benefits if you:

•Were fired because you violated a company policy, rule or procedure, such as absenteeism or insubordination
•Quit your job without good cause, such as a compelling personal reason
•Are out of work because of a work stoppage (except for lockouts) in the last 49 days that violated an existing collective bargaining agreement where you worked
(You need not actually take part in the strike, only be out of work because of it.)


I bolded some interesting areas that you should research.

It sounds to me like health or disabilty issues are not the key here. Honestly, it sounds like she doesn't like her job because it is too stressful.

In other words, she is like half the planet.

Her options are (in order of preference):
1) Talk to her boss; look for ways to make the job easier or to transfer to another position
2) Find another job
3) Take a jobless vacation on her own savings
4) Be a lout; perform poorly until the boss fires her. This will affect her reputation in her profession

duoduo8 said:   raringvt said:   Most states will view her quitting as a voluntary separation and will not allow benefits. Maybe she should try the old-fashioned method of lining up a new job before quitting the current job? If they're not going to lay her off, she can be lazy & incompetent and still get paid until she finds something new.

She is such a person who never says no to her boss. She always does what she is supposed to do on her job. I told her to become lazy and not doing her job. She said she just cannot do that.

It is very difficult to find a job now, especially a job with less pressure and flexible hours. I do not think she will find a job soon.


I think she needs to look a little harder or farther away - I am seeing jobs everywhere around me. Also, she should be able to take time off, up to 12 weeks via FMLA.

duoduo8 said:   If UI is only 10k in NY and we have to pay tax on that, then it may not be worth it
UI is taxable on the federal level, though perhaps not on the state

duoduo8 said:   raringvt said:   Most states will view her quitting as a voluntary separation and will not allow benefits. Maybe she should try the old-fashioned method of lining up a new job before quitting the current job? If they're not going to lay her off, she can be lazy & incompetent and still get paid until she finds something new.

She is such a person who never says no to her boss. She always does what she is supposed to do on her job. I told her to become lazy and not doing her job. She said she just cannot do that.

It is very difficult to find a job now, especially a job with less pressure and flexible hours. I do not think she will find a job soon.
I'm having similar issues with my girlfriend - she doesn't want to say no to supervisors. I keep telling her to do it, its starting to sink in I think. She (and your wife) needs to let her supervisors know she is struggling with the work load (that's what it sounds like in your case).

so basically the "health issue" is that the job is too stressful. sorry but i can't help but find it amusing that she is presumably working for a bank involved with transactions involving millions or billions of dollars, she tells her boss she isn't qualified to handle the stress, and his response is "i don't care." obviously, her boss knows what your wife should - it's other people's money.

If the source of the stress is the job then you change the job. Going down the disability route is not where you want or should encourage your wife to go. Less pay for less stress, accept it, move on. I apologize if there is something else here disability wise but you didn't really say there was so far and have made it appear it is all job hours/responsibility induced.

As a rule of thumb, you can't collect Unemployment unless you say that you are available for and looking for work. So you can't say you quit for health reasons and then turn around and say you're healthy enough for the next job. The UI office doesn't distinguish between a small health issue or a large one, in their eyes either you can work or you can't.

RS4Rings said:   What she should of done is start screwing up and making a lot of mistakes and then get fired since you can collect if to stupid to do the job"should have"
"too stupid"

TheDiggler said:   RS4Rings said:   What she should of done is start screwing up and making a lot of mistakes and then get fired since you can collect if to stupid to do the job"should have"
"too stupid"


He was trying to demonstrate how it should be done

Thank you all for these good advice! I think the chance of claiming UI is slim. I will talk with my wife and decide the next move.

Glitch99 said:   duoduo8 said:   SUCKISSTAPLES said:   Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free


She can work, just not a job that requires her following stock markets minute by minute. She does not have time to have lunch most of her days. I do not think it is a disability issue. Thanks anyways.
how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Has a doctor concurred with your assessment? She has short-term disability coverage, if she truly has medical issues preventing her from working.

But no, she won't get unemployment for quitting.


Health can keep you from doing some jobs without being bad enough to qualify for government disability. SSDI is based on not being able to do *ANY* sufficiently productive work.

LorenPechtel said:   Glitch99 said:   duoduo8 said:   SUCKISSTAPLES said:   Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free


She can work, just not a job that requires her following stock markets minute by minute. She does not have time to have lunch most of her days. I do not think it is a disability issue. Thanks anyways.
how can you say her health prevents her from doing her job, then say it isn't a disability issue?

Has a doctor concurred with your assessment? She has short-term disability coverage, if she truly has medical issues preventing her from working.

But no, she won't get unemployment for quitting.


Health can keep you from doing some jobs without being bad enough to qualify for government disability. SSDI is based on not being able to do *ANY* sufficiently productive work.
NY requires employers to provide short-term disability coverage, which is meant for just such instances (provided it's legit). Has nothing to do with SSDI (does SSDI even give benefits for temporary conditions?).

duoduo8 said:   

She already talked to her boss's boss and HR manager. She never mentioned quitting, but said things like it is difficult for her to keep up with the daily work. The answer from the higher up is to file a claim with the company's third-party insurance company on short-term disability. The problem is that short-term disability is only for 4 months, and then she needs to return to work.

If UI is only 10k in NY and we have to pay tax on that, then it may not be worth it.

Dude her boss is directly telling her to file a disability claim

I've told you to talk to a lawyer about making this short term disability a long term one (chronic fatigue syndrome , etc)

You just aren't listening

couponhed said:   It sounds to me like health or disabilty issues are not the key here. Honestly, it sounds like she doesn't like her job because it is too stressful.

In other words, she is like half the planet.

Her options are (in order of preference):
1) Talk to her boss; look for ways to make the job easier or to transfer to another position
2) Find another job
3) Take a jobless vacation on her own savings
4) Be a lout; perform poorly until the boss fires her. This will affect her reputation in her profession


I think this is a great list, but wanted to add one thing that people are touching on, but maybe haven't stated directly enough.

She NEEDS to learn to set boundaries. Seriously - whether you're able to get through to her on this, or she learns it from a therapist or career counselor or whomever.

She doesn't need to necessarily act incompetent in an attempt to get laid off (though it could work). She needs to get very clear in her own mind what her needs are, and what she is and is not willing to do, and then stand up for herself.

I think best case, aside from helping her feel more in control of her life (less like she's in the middle of a storm being tossed around, second by second, by her management's whims and fancies), this would help the job be a little less stressful. (Things like, "no, I can't work late, I have other obligations." or actually taking a break at lunch to get away from the desk and de-stress.)

Worst case? Heck, maybe she gets laid off because they'd rather put someone in her place that is willing to work around the clock without stopping (and gets severance).

Two other things she needs to do:

1. Schedule some time off, even if it's unpaid (vacation, sick time, leave, whatever). She needs a break and some space to start reflecting on what she really wants, and how she's going to get there. She *could* do job hunting during the break, but my feeling is she'd benefit from really working out what she wants/needs in a job/career, so she can job hunt effectively (with a realistic target) later on.

2. Consider talking to a therapist or career counselor/ Coach. They may be able to help her figure out what she needs in a job, where she'll fit in best (so she'll be energized by her work, rather than drained and sick!), and help her create a good plan to get there.

Please wish her the best of luck for me. I can relate, I'm in a depressing job situation now that is sucking the life out of me, and I'm working on figuring out where I want to be instead, and how to get there.

Good luck!

SUCKISSTAPLES said:   duoduo8 said:   

She already talked to her boss's boss and HR manager. She never mentioned quitting, but said things like it is difficult for her to keep up with the daily work. The answer from the higher up is to file a claim with the company's third-party insurance company on short-term disability. The problem is that short-term disability is only for 4 months, and then she needs to return to work.

If UI is only 10k in NY and we have to pay tax on that, then it may not be worth it.

Dude her boss is directly telling her to file a disability claim

I've told you to talk to a lawyer about making this short term disability a long term one (chronic fatigue syndrome , etc)

You just aren't listening


so she takes a 4 month vacation and then goes back to the job refreshed! what could be better. i think OP and wife have glossed over the best option anyone could wish for. and at her 'seniority and education level' she can look for another job in the meantime, or just gear up to bust her butt for a while longer at the bank/fund.

Op or his wife just aren't listening . The superior directly and clearly suggested getting on disability .

I suggested getting on disability in my first reply

People who know much more about these things are telling op and his wife that the best course of action is via disability and they will hear none of it or make any excuse not to listen to superiors

Skipping 3 Messages...
duoduo8 said:   SUCKISSTAPLES said:   Talk to a disability lawyer and get on state disability

Pays more than unemployment and it's tax free


She can work, just not a job that requires her following stock markets minute by minute. She does not have time to have lunch most of her days. I do not think it is a disability issue. Thanks anyways.
Kudos to you for recognizing the difference.



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