New York State Labor regulations have long required employers to provide workers with notice of their right to file for Unemployment Insurance when separated from employment. The law was recently expanded to require notice when there is “an interruption of continued employment resulting in total or partial unemployment”. The Dept. of Labor guidance states that notice is required any time the following circumstances result in total or partial unemployment:
- a permanent or indefinite separation from employment;
- hours are reduced;
- temporary suspension; or
- any other interruption in employment
The attached Record of Employment form must be used in such situations.
An educational institution does not have to provide the notice at the end of the academic year if they have offered the employee a reasonable assurance of continued employment in the successive academic year.
It is not clear from the statute or Labor department guidance whether every reduction in hours triggers the notice requirement. Furthermore, the law does not distinguish between employees who resign voluntarily and those whose employment is involuntarily terminated. Therefore, the form should be given to all employees at the time of separation or reduction in hours regardless of whether the individual may be eligible for unemployment insurance benefits. The form does not necessarily mean the employee qualifies for benefits. The Unemployment Insurance Claims Center makes that determination if and when the employee applies.
Click here to download the notice: Unemployment Notice
About the Author: Ralph A. Somma
Ralph A. Somma is an experienced employment lawyer from Long Island, New York who has been precticing labor & employment law exclusively for 30 years.
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