How Does Unemployment Work in NY?

According to the Bureau of Labor Statistics, there are approximately 378,557 unemployed NY residents as of April 2019. Those who have met a specific set of qualifications designated by the NY labor unemployment board are collecting unemployment benefits funded by NY labor unemployment taxes. The qualification, application, and collection processes associated with obtaining wage compensation benefits can be quite detailed, which is why having an adequate understanding surrounding each process is key.

Step One: Qualification

In order to be deemed eligible for N.Y.S unemployment insurance benefits, one must meet three specific criteria. The first part of this criteria is the accumulation of time in which you have worked, and wages that you've received prior to applying. The prior employee must have worked two calendar quarters, which is equal to a six month time span. These quarters do not have to be consecutive, but they do have to be in three month increments. The individual must also have received least $1,900 in one quarter alone. The entire payment over exactly four quarters (one year) must be calculated at the amount of 1.5 times more than what they were paid in their highest-paying quarter.

The second criteria developed NY labor unemployment board, is that the applicant must have been terminated due to a reason that they are not at fault for. The most common reason for this type of termination is when one's position is no longer necessary. Those who are responsible for their own termination for reasons such as misconduct or voluntary quitting are not considered eligible for unemployment insurance benefits. Those who are facing medical conditions that have prevented them from maintaining employment are also ineligible for N.Y.S. unemployment insurance benefits in most situations. They could, however, qualify for worker's compensation benefits instead.

The third criteria that needs to be met in order to receive N.Y.S. unemployment insurance benefits is the willingness and availability to work. Unemployed NY residents will have to provide proof that they are actively searching for open positions. Those who are found refusing legitimate work could face losing their N.Y.S. unemployment insurance eligibility altogether.

Step Two: Application

It is imperative that an applicant gathers all of the correct proofs before they submit an unemployment claim, as failure to do so could result in ineligibility or an extensive waiting period. Claimants will need general information such as their social security number, contact information, and alien registration status if applicable. The NY labor unemployment office will also need applicants to provide their employment history over the past eighteen months. Certain forms such as an SF8, SF50, and DD14 may also be required. Once you've acquired all of the appropriate proofs, you can complete the application process over the phone or online through New York's Department of Labor website. Be sure to start the process within exactly one week of officially becoming an unemployed NY resident for maximum compensation.

Step Three: Collection and Reconsideration

If approved, your benefits will start to be paid out three-to-six weeks after your initial application was submitted. This is after an unpaid period of one week as passed. Those who receive N.Y.S. unemployment insurance benefits are required to refile claims on a weekly basis. Each week's payment will be disbursed through direct deposit, so it is important to have your bank's routing information readily available.

If your claim was denied due to lack of proof, a contesting employer, or other determining factors, an explanation will be given in your Notice of Determination sent out by the NY labor unemployment board. This ruling can be appealed by requesting a reconsideration, which is a written appeal filed within thirty days of receiving the initial notice. These appeals allow the unemployed NY resident to present their case before an administrative judge for reconsideration. Having adequate representation at this hearing with the support of a qualified attorney in NY can help strengthen your case and chances of receiving unemployment benefits as a result.

Successfully collecting wage compensation benefits by the NY labor unemployment office may seem like an overwhelming endeavor, but having advanced knowledge on the topic will make the process much more manageable overall. If you've been terminated due to circumstances that were beyond your control, it is imperative that you receive the benefits that are rightfully yours. Having adequate legal representation through a team of experienced attorneys can make each of these processes as accessible and hassle-free as possible.