Bellmore, NY asked in Employment Law for New York

Q: New York State unemployment benefits

I have a knee problem that will need surgery and I have had this problem for a year. I have mentioned it to my job but never had doctor paperwork. My job is physically demanding. I work in a day care with young infants. I am constantly bending, jumping, waking. If I were to quit due to not being able to fulfill my duties due to my health condition, can I receive unemployment benefits in the state of New York?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Anyone receiving unemployment benefits in NY must be ready willing and able to work. You will need to submit reports that you are applying and seeking work. If you quit your job you will almost certainly not receive unemployment. If you are fired for gross misconduct you will not receive unemployment. Make sure to get a second opinion about surgery. If you can do your job now will you be able to do it after surgery? And how long will it take to go back after surgery? Speak with others who work as you do after they underwent whatever surgery you need. Make absolutely certain it's not a career ending surgery.

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