Do all employers pay into unemployment insurance in NYS - confused about my eligibility
I'm trying to figure out if I can file for unemployment benefits but I'm not sure if my previous employer actually paid into the system. I worked for a small landscaping company for 8 months and now they laid me off for the winter season. When I try to file my claim on my.ny.gov it's asking for employer information but I'm worried they might not have been paying unemployment taxes. Do all employers in New York have to pay into unemployment insurance or are there exceptions? I don't want to file if I'm not eligible and cause problems later.
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Henry Delgado
Most employers in NY are required to pay unemployment insurance taxes, but there are some exceptions. Generally, if you worked for an employer who had at least one employee for 20 weeks in a year or paid wages of $300 or more in any quarter, they should be paying into the system. Agricultural employers have different rules - they need to have 10+ employees or pay $20,000+ in wages. Your landscaping company should definitely be covered if they had regular employees.
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Gianni Serpent
•That's helpful, thank you. They definitely had more than one employee and I was there for 8 months so it sounds like they should be covered. Should I just go ahead and file then?
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Olivia Kay
Yeah just file your claim. The NYS Department of Labor will verify your employer's coverage when they process your application. If there's an issue with your employer not paying their taxes, that's between them and the state - you shouldn't be penalized for that. The worst that happens is they tell you you're not eligible, but you won't get in trouble for trying.
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Joshua Hellan
•This is correct. I had a similar situation with a small restaurant that wasn't properly registered and the NYS Department of Labor sorted it out during my claim review.
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Jibriel Kohn
ugh the whole system is so confusing!! i worked for this cleaning service last year and had the same worry. turned out they WEREN'T paying into unemployment and i had to appeal and provide all kinds of documentation to prove i was an employee not a contractor. took forever but eventually got approved. definitely worth filing even if you're not sure
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Gianni Serpent
•Oh wow that sounds stressful. How did you prove you were an employee and not a contractor?
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Jibriel Kohn
•had to show my work schedule, that they provided equipment, emails from supervisor, stuff like that. the NYS Department of Labor has specific rules about what makes someone an employee vs contractor
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Edison Estevez
If you're having trouble getting through to the NYS Department of Labor to verify your employer's status, I recently discovered Claimyr which helps you actually reach a live agent. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had questions about my employer's coverage and got connected to someone at NYS Department of Labor within an hour instead of calling for days.
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Emily Nguyen-Smith
•Never heard of this service before. Did they charge you anything to help get through?
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Edison Estevez
•There's a fee but honestly worth it when you need answers fast. Way better than sitting on hold forever or getting disconnected.
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James Johnson
Just go file already! You're overthinking this. If they employed you then they probably paid into unemployment. The system will figure it out.
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Joshua Hellan
Good luck with your claim! Most legitimate businesses are covered so you should be fine. Just make sure you have all your employment dates and wage information ready when you file.
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