New York State Unemployment Insurance Law provides temporary compensation benefits to individuals who become unemployed through no fault of their own.
Eligibility for Unemployment Insurance Compensation
To be eligible for unemployment compensation you must:
File an original claim online or through your local office of the New York State Department of Labor;
Have enough employment and wages prior to filing a claim;
Be totally unemployed;
Be ready, willing and able to work; and
Not be subject to any disqualifications.
You may be eligible for benefits if:
You lost your job due to lack of work
Temporary or seasonal employment ended
Your job was eliminated
There was an involuntary reduction in force
The company downsized or shut down
The company restructured or reorganized
There was a lack of company operating funds or orders
You were out of work for any other business reason that you did not choose or control
Your employer discharged or fired you because you could not meet their performance or production standards, or their qualifications for the job
You may be denied benefits if you:
Were fired for misconduct – because you violated a company policy, rule or procedure, such as absenteeism or insubordination
Quit your job without good cause, such as a compelling personal reason
Are out of work because of a work stoppage (except for lockouts) in the last 49 days that violated an existing collective bargaining agreement where you worked
File your claim during your first week of total or partial unemployment. There is a one week waiting period before you will receive payments. If you wait to file, you may lose benefits.
If you knowingly give false information or withhold information while applying or claiming weekly benefits, you are committing fraud. If you commit fraud, you will be charged a 15% cash penalty or $100 (whichever is greater) on the overpayment of benefits. In addition, you will have to pay back the money and forfeit future days of Unemployment Insurance benefits. Also, the Department of Labor can obtain a judgment against you in order to collect fraudulently obtained over-payments and may refer the case for criminal prosecution.
Your Right to Unemployment Insurance Compensation
There are two common misconceptions about unemployment insurance compensation. First, contrary to common belief, your employer does not pay you unemployment compensation benefits. Claims are paid from an insurance fund to which your employer must contribute. Second, your employer does not decide whether you are entitled to unemployment insurance compensation. That determination is made by the New York State Department of Labor based upon information obtained from you and your employer and in accordance with the New York State Unemployment Insurance Law and applicable court decisions.
If the Department of Labor determines that you are not eligible for benefits, you have a right to a hearing before an administrative law judge.
Long Island New York Unemployment Compensation Lawyer
If you have been denied unemployment insurance benefits, call or contact us online immediately for a FREE consultation.