Do employers have to pay unemployment benefits when you file a claim?
I'm thinking about filing for unemployment but my old boss is pretty vindictive and I'm worried he might try to fight it or make me pay him back somehow. Do employers actually have to pay out unemployment benefits when someone files? I worked at a small restaurant for 8 months before getting laid off last week. Just want to understand how this works before I submit my claim through the NYS Department of Labor website.
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Zara Perez
No, employers don't pay unemployment benefits directly to you. They pay unemployment insurance taxes to the state throughout the year, and the NYS Department of Labor pays benefits from that fund. Your employer can contest your claim if they think you were fired for misconduct, but they can't stop you from filing or make you pay anything back.
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Benjamin Johnson
•That's a relief! So even if my boss is mad about me filing, he can't actually cost me money or anything?
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Daniel Rogers
yeah employers pay into the system whether they like it or not lol. its like insurance premiums. the only thing your boss can do is tell NYS Department of Labor you were fired for cause but if you were laid off thats not gonna work
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Aaliyah Reed
Your employer's unemployment insurance tax rate can go up if they have a lot of claims, so some employers will contest legitimate claims to try to keep their rates low. But that's their problem, not yours. If you were laid off through no fault of your own, you have every right to file for unemployment benefits.
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Ella Russell
•Wait so if I file unemployment it could make my employer's taxes go up? Now I feel bad about it...
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Aaliyah Reed
•Don't feel bad! That's exactly what unemployment insurance is for. Employers pay those taxes specifically to cover situations like yours. It's not your responsibility to protect your former employer's tax rate.
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Mohammed Khan
I had similar worries when I got laid off from my job last year. Took me weeks to finally file because I was scared my manager would somehow come after me. Turns out I was being ridiculous - the whole process was handled by NYS Department of Labor and my old job never even contacted me about it. I was stressing over nothing and lost out on weeks of benefits because I waited so long. If you're eligible, just file the claim.
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Gavin King
UGH this whole system is so confusing! I've been trying to get through to someone at NYS Department of Labor for days to ask questions about my claim but their phone lines are always busy. Does anyone know a better way to actually talk to a real person there?
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Zara Perez
•I actually found this service called Claimyr that helps you get through to NYS Department of Labor agents. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It's way easier than sitting on hold for hours. I used it when my claim got stuck in adjudication and finally got answers.
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Daniel Rogers
just file your claim already! worst case scenario your boss contests it and you have to do a phone hearing but if you were really laid off you'll win anyway. dont let fear stop you from getting money you earned
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