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This whole system is so backwards though. Like why should employers have to pay for unemployment when half the time people get fired for legitimate reasons? Just creates more costs for businesses trying to operate.
Thanks everyone for clarifying this! I had the same confusion when I started my first job. One thing to add - if you're ever unsure whether your employer is properly registered and paying UI taxes, you can also check your pay stub. While you won't see a deduction for unemployment insurance (since you don't pay it), legitimate employers will often list it in the "employer taxes" section or have it noted somewhere. Also, keep all your pay stubs - you'll need them if you ever have to file for unemployment benefits to prove your wages and work history.
It might not always show up as a specific line item on your pay stub since it's an employer-only tax. The best way to verify is actually through your quarterly wage statement from NYS DOL like Diego mentioned earlier, or you can check if your employer has a valid NYS employer registration number. Some pay stubs will show "SUTA" (State Unemployment Tax Act) in the employer contributions section, but it's not required to be listed there. If you're really concerned, you could always ask your HR department directly - any legitimate employer should be transparent about their tax obligations.
@Fatima Al-Rashid Most pay stubs won t'show a specific line item for unemployment insurance since it varies by payroll system, but you might see abbreviations like SUTA "State" (Unemployment Tax Act or) UI "Tax in" an employer contributions section if your company includes that detail. The most reliable way is still checking your wage history through my.ny.gov - if your employer is paying properly, your quarterly wages will show up there within a few weeks of being reported to NYS DOL.
Same thing happened to my cousin except it was for being late too many times instead of missing work completely. She still got her benefits after explaining the situation during the phone interview.
I work for a nonprofit that helps people navigate unemployment claims, and I can tell you that attendance-related terminations are evaluated case by case. The key factors NYS DOL considers are whether the absences were willful misconduct versus circumstances beyond your reasonable control. Document everything - transportation breakdowns, childcare emergencies, any medical issues. When you file your claim, be completely honest about the attendance issues but also clearly explain the underlying causes. Many people in similar situations do receive benefits, especially when they can show they made good faith efforts to maintain attendance despite legitimate obstacles.
Apply anyway! Even if they fire you, you should file your claim right away. The adjudication process will determine if your attendance issues constitute misconduct. Don't assume you're disqualified - let NYS Department of Labor make that determination based on all the facts.
I went through something similar last year. The important thing to understand is that NYS Department of Labor distinguishes between different types of misconduct. Simple tardiness due to childcare issues often doesn't rise to the level of "willful misconduct" that would disqualify you. I'd recommend documenting everything - keep records of your childcare provider's schedule changes, any daycare closures, doctor visits for your child, etc. When you apply, be completely honest about the circumstances. Many parents face these exact challenges and the system does recognize legitimate childcare conflicts as different from just being irresponsible. Also, even if you're initially denied, the appeals process gives you a chance to present your case more thoroughly with all your documentation.
Been through this exact situation. The hearing was actually pretty easy - just had to explain what happened and show my layoff paperwork. The judge was fair and overturned the denial within a week of the hearing. Don't give up!
I went through something similar when I was wrongly classified as a voluntary quit instead of being laid off. The most important thing is to act quickly on that 30-day deadline for appeals. When you file, be very specific about the error - clearly state that you were involuntarily terminated due to company downsizing, not voluntary separation. Include dates, names of supervisors who conducted the layoff, and any HR documentation you have. Also, if any of your coworkers were laid off at the same time, their contact info could be helpful as witnesses. The hearing officers are usually pretty good at recognizing legitimate cases once they have the facts straight. Stay persistent and keep filing those weekly claims while you appeal!
Liam O'Reilly
Nothing bad about it at all!! I filed when my restaurant closed during covid and it literally saved my life financially. The stigma is just old fashioned thinking.
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Sofia Peña
Grace, please don't let outdated stigma prevent you from getting benefits you've earned! I work in HR and can tell you that filing for unemployment absolutely does not show up on background checks or hurt your employability. In fact, many employers understand that layoffs happen and it's completely normal. The only thing that might look bad to future employers is if you turn down reasonable job offers while collecting benefits, but as long as you're actively looking for work (which you have to document anyway), you're fine. File as soon as possible - you typically can't get benefits for weeks before you applied, so every day you wait is money lost. The NYS Department of Labor website walks you through everything step by step.
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