Do employers have to pay unemployment benefits if they fire you in NY?
I got fired from my retail job last month for being late too many times (honestly it was only like 3-4 times over 6 months but whatever). My friend says my employer has to pay for my unemployment benefits but I'm not sure if that's true? Like does NYS Department of Labor make them pay or does it come from taxes? I'm confused about how this whole thing works and whether I should even bother filing a claim since I got fired for cause.
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Austin Leonard
Yes, employers in NY contribute to the unemployment insurance fund through payroll taxes, but it's not as simple as 'they pay for your benefits.' The NYS Department of Labor collects these taxes from all employers to fund the UI system. Whether you qualify for benefits depends on why you were fired - if it was for misconduct, you might be disqualified. Being late occasionally might not count as misconduct though, so definitely file a claim and let NYS Department of Labor decide.
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Sophie Duck
•Thanks that makes sense! So even if I get approved they're not paying me directly, it comes from this fund thing?
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Anita George
yeah file anyway!! i got fired for attendance issues too and still got approved. worst case they say no but you might as well try
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Abigail Spencer
•This is correct advice. The key is whether your termination rises to the level of 'misconduct' under NY law. Simple attendance issues often don't qualify as misconduct unless they were willful or showed a deliberate disregard for your employer's interests.
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Logan Chiang
I had such a hard time getting through to NYS Department of Labor when I needed to check on my claim status after getting fired. Kept getting busy signals for weeks. Finally found this service called Claimyr at claimyr.com that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to call on my own!
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Isla Fischer
•How much does something like that cost? I'm already broke from being unemployed lol
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Logan Chiang
•It was worth it for me to avoid the stress of calling dozens of times. Much easier than sitting on hold forever or getting disconnected.
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Miles Hammonds
The whole system is backwards if you ask me. Employers can fire you for anything and then fight your unemployment claim to keep their tax rates low. It's all about money for them.
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Ruby Blake
•Same thing happened to my cousin! Got fired and then the company contested it.
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Abigail Spencer
To clarify the employer payment question: NY employers pay unemployment insurance taxes based on their payroll and experience rating. These taxes fund the UI system, but individual claims don't directly cost the employer dollar-for-dollar. However, too many successful claims can raise their future tax rates, which is why some employers contest claims they believe are unwarranted.
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