I am due to have heart surgery on 9/3. Short term disability doesn’t pay but $170 weekly. Can my employer lay me off so I can collect unemployment during this time? I’d that legal?

I am having heart surgery on 9/3 and will be on short term disability. Is it possible for my employer to lay me off do as I may collect unemployment during this time as well? Is it legal for them to do so as a favor to me?

1 answer  |  asked Jul 13, 2020 2:54 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
If you collect disability insurance then you are not ready willing and able to work.

To collect unemployment you must certify every week that you are applying for jobs and you must be ready to begin work if offered a suitable job.

So no. If that was your employer's idea it was not a good one. Insurance fraud has potential criminal penalties also which you should discuss with a criminal defense lawyer.

posted by V Jonas Urba  |  Jul 13, 2020 2:59 PM [EST]

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