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Can my benefits be terminated in NYS if employer let me go due to medical limitations

by Ava
(Albany, NY)

Hi. I have been on unemployment in NYS since January 4, 2010. I had accepted a temporary assignment (nothing like work I have done over past 10 years) for a very short period 7 weeks. When I accepted the position I was told it was data-entry and emailing mostly.

After a few weeks, I was being asked to perform duties that I physically had limitation doing, and I both verbally and electronically informed the temporary agency and the office I worked for. At first they worked with me.

They continued to request that I do additional things that I couldn't physically do (lift boxes of files, rearrange filing cabinets, un-bind thick documents, etc).

I told my supervisor that I was going to my doctor to get a doctors note, informing them of my medical limitations; and my supervisor said they didn't need it. I got it anyway. The letter read that I have had surgery recently on my left hand with minimal relief and am currently suffering from significant weakness and pain in my left hand and arm. That I was limited with its use; and that these problems are expected to continue.

The next day, the supervisor told me that they would just request a replacement and that they would need to let me go. I informed the temporary agency of this and everything was ok, or so I thought. After I left that position I resumed my unemployment claim.

I recently received a letter from Department of Labor telling me that they have been informed that I voluntarily left that position. I have retained all of my records back and forth between my supervisor and employment agency, and my doctors note; noting my limitations.

My question is: Am I at risk of having my benefits terminated? If so, please explain; as I did not voluntarily quit I couldn't physically perform the duties they were requesting.

Thank you.

Anytime a question is raised about eligibility to continue collecting unemployment benefits .. there is a risk of losing them.

The potential issues are a voluntary quit without good cause.

A possibility that you might be found not able and available for work.

If you have documentation and information to the conditions you were told you would be working under and required to do and it was the employer that substantially changed the conditions .. then you may have good cause to quit .. but this is all moot because your employer .. is not the client company .. it is the temp agnecy .. and they may try to say that you quit by not contacting them for another assignment or you refused a suitable assignment .. or they have lots of techniques ..

NY interpretation index .. Use it to understand what decisionsNY should arrive at in your case.

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