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NewYork-unemployed receiving benefits, if i take a job, and find i cant do the workphysical limitations, will i be able to resume receiving benefits?

by beermug
(NewYork)

Hi:

I am in NY state and lost my auto parts clerks job due to cutbacks last September. For the last 10 years i have had a desk job there, not requiring me to do any physical tasks that are normally associated with this kind of job. I am 50 years old, I have put on some weight, and not physically fit as i used to be
Ive been on unemployment for 9 months in Tier 1 now. My question is, if i do get a job, and the employer determines that i am unable to perform the necessary functions, and they terminate me, will i be able to resume collecting unemployment?




Oh Beermug, let's identify the issues that might have to be addressed to determine whether you can get your benefits back, both if you take the job and if you refuse the job and the state finds out about it somehow.

"Refusal of suitable work"

"Discharge for misconduct" and I actually can see a number of potential reasons the might be put forth .. just from your question .. such as failure to comply with employer's reasonable expectations, performance issue, and maybe insubordination if you refuse to do something and have no medical documentation to back it up or told the employer you could lift 50 lbs repeatedly.

"Voluntarily Quitting without good cause" ah, this would also involve some kind of medical issue as far as I can see.

And I don't think the name you chose to identify you will have anything to do with it.

So you tell me .. if you refuse the job will you be able to prove to unemployment that the work wasn't suitable to you due to the lifting requirements?

Do you have a medical restriction as far as lifting goes?

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Jun 18, 2010
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Lifting Restrictions - Good Cause for refusing a job?
by: beermug

I have visited an orthopedist recently and they feel that heavy lifting will contribute to premature joint deterioration.



Hi Beermug,

Get the medical documentation. My advice is always, if possible, be prepared to prove what you say and this includes valid reasons for refusal of work.

Physical reasons for not being able to accept a job are valid reasons for the unemployment department, but you've got to be able to prove what you say.

As long as the requirements of the job exceed the medically documented lifting limitations you should be okay beermug.


See section 1200 of the NY interpretation index


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