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Can I get unemployment?(NY)

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Scooby

Junior Member
What is the name of your state? New York

Hi all. My first post here. I may be losing my job soon, and wanted to know if the circumstances under which it may happen, would qualify me to collect unemployment,
if it should come to that, and of course, assuming my employer fights me on this.

Background:
I have been driving a handicapped van for over 2 1/2 years for a nursing home`s adult day-care center(vans and operation a seperate corporation owned by nursing home, management contracted out to 3rd party since Day One. 3rd party had a 5 year contract to manage operation, but was recently bought-out. Lets called my employer of some 2 1/2 years, "ABC Transport".
At the time I was hired, there was no requirement for a CDL and more to the point, a DOT medical. Other than being hospitalized for 3 days 1 1/2 years ago for pneumonia, I have never been out, never taken a vacation, never called in sick, never took a personal day off, never had any accidents, tickets or complaints, and have a 99.9% on-time performance. (I say this to make it clear there never any job-performance issues.)

The operation("ABC Transport") was somewhat profitable for it`s (nursing home) owner,
but over time, as increasing fuel prices and other day to day expenses, along with decreasing ridership(reduced revenues) started to make ABC Transport more a generator
of red ink, rather than black, the owners of the hursing home recently sold the vehicles to
a large transportation company(Let`s call them "XYZ Transport") which will take over the operation, continuing to provice adult day-care clients with transportation.

The specfics:

"XYZ Transport" recently held a metting with us drivers, and offered to continue our
employment. They weren`t terminating us. I won`t get into the various changes they
indicated they are planning - most aren`t Good Things, but aren`t germain to my post.

The problem that comes in for me, and MAY be in insurmountale barrier to my continued employment there with the new owners(XYZ Transport), is that they will be converting all
the vehicles over to "for-hire", along with DOT and Article 19a requirements, that would require me to pass a DOT physical(as well as upgrade my license, pass a written test, and then a road-test(as they will also be bringing-in vechiles with higher passenger capacity).

The new owners are willing to pay for the DOT physical, and provide the larger vehicle
along with a driver, to take the road test at no charge to me. I am willing(heck, even EAGER) to do all this, but I am fairly certain I will not be able to pass the DOT medical exam, as I have diabetes and several other issues that will probably preclude me from
being able to meet the new requirements of the new owners.

Summary:

If I fail the DOT medical, and consequently cannot stay on with the new owners, will I
have grounds to apply for unemployment benefits?
 
Last edited:


AL HR

Member
Generally speaking, yes you would be eligible because you would be effectivley laid off. Usually terminations for gross misconduct are not eligible but your seperation is for other reasons.

And of course, it never hurts to apply. There are no ramifications and it doesn't take that long.
 

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