A CRASH COURSE IN UNEMPLOYMENT BENEFITS
In New York, an employee can be paid unemployment benefits if they lose their job due to no fault of their own. This means that employees who lose their jobs through no fault of their own and are now seeking new employment will be provided monetary unemployment benefits while they look for a new job. In New York, you are provided with a weekly payment against your unemployment based upon your last three months of payment from your employer before you were no longer employed.
How Does Unemployment Insurance Work
If you go through this segment, you will get a clear idea of how does unemployment work in New York. Here is an overview of the same:
The first step you should do is to determine if you are even eligible to receive unemployment benefits. In order to qualify for unemployment insurance in New York, the most important factor is whether you lost your job due to no fault of your own. Once you determine that you are eligible and qualify to receive unemployment benefits, you will want to log in to the official website of the Department of Labor or contact the Department by phone to apply.
Second, you will want to calculate and make an estimate of the amount you believe you are eligible to receive. This calculation is based upon the wages you had earned in a particular period.
Third, you will want to determine the period you will be able to avail the benefit. You should receive an official notice from the Department of Labor where it will mention as to how long you can avail this benefit. Generally, you are allowed to avail the benefit for about 26 weeks in a particular Benefit Year.
Fourth, you will want to continue looking for a new job. It is recommended that you conduct at least three job searches a week.
Fifth, if you are denied your benefits, you should file an appeal right away. Don’t be discouraged. Oftentimes, an employer will not voluntarily agree to pay your insurance benefits and will deny you claim. A hearing will be conducted that will give you the chance to present evidence to show why your claim should not be denied.
If I Quit My Job, Does That Mean I Don’t Qualify?
One of the most reasons of denial is that the employer claims that the employee voluntarily quit their job and in their mind, that means the employee is disqualified from receiving benefits. However, this is not always true. An experienced New York unemployment attorney will be able to analyze your fact pattern and determine if there was an exception or a valid reason for quitting. One legal recognized exception is if you quit because of the impossible work conditions. However, should you be fired, you may not necessarily be able to claim this exception.
You’ll need to consult with an experienced New York unemployment attorney to determine if you are eligible and what your chances are of succeeding in your claim for unemployment insurance benefits.
Do you have questions about unemployment or have been denied your benefits? We would love to hear from you.