Does my employer pay for my NYS Department of Labor unemployment benefits?
I've been working at a small restaurant for 2 years and might get laid off next month due to slow business. My manager mentioned something about unemployment costing them money and now I'm confused about how this all works. Does my employer actually pay for my unemployment benefits directly? I thought it came from taxes or something. Can someone explain how the NYS Department of Labor funding actually works? I don't want to file if it's going to hurt my employer financially since they're already struggling.
10 comments


Fernanda Marquez
Your employer doesn't pay your benefits directly. They pay unemployment insurance taxes to NYS Department of Labor throughout the year based on their payroll. Think of it like any other insurance - they pay premiums whether claims are filed or not. When you file for unemployment, the benefits come from this insurance fund, not out of your employer's pocket immediately. However, if they have a lot of claims, their tax rate can increase in future years.
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Aidan Percy
•Oh okay so it's more like car insurance where they pay regardless but rates might go up later? That makes me feel better about filing if I need to.
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Norman Fraser
ya employers pay into the system but its not like they write a check everytime someone files lol. the nys department of labor handles all that through taxes they collect
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Kendrick Webb
The employer pays unemployment insurance taxes quarterly to NYS Department of Labor. The rate varies based on their industry and claims history - it's called an experience rating. New businesses start at a standard rate, but if they have frequent layoffs or terminations that result in successful unemployment claims, their rate increases. If they rarely have claims, the rate can actually decrease below the standard rate. So while they're not paying your weekly benefit amount directly, there can be long-term cost implications for employers with high claim rates.
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Hattie Carson
•This is exactly why some employers try to fight legitimate unemployment claims - they're worried about their rates going up. But if you were laid off through no fault of your own, you absolutely deserve those benefits regardless of what your employer prefers.
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Destiny Bryant
I was in a similar situation last year and was worried about the same thing. My boss made some comment about unemployment costs too. But honestly, if they're laying you off, that's their business decision and you shouldn't feel guilty about collecting benefits you're entitled to. The system exists for exactly this reason.
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Dyllan Nantx
UGH employers always try to make you feel bad about filing!! They act like it comes straight out of their bank account when they've been paying into the system all along. Don't let them guilt trip you - file your claim if you get laid off. That's what the NYS Department of Labor unemployment insurance is for!
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Norman Fraser
•exactly this. my old boss tried the same guilt trip when I got let go. filed anyway and got my benefits no problem
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Fernanda Marquez
One more thing to clarify - if you do get laid off and need to contact NYS Department of Labor about your claim, I found a service called Claimyr (claimyr.com) that helps you actually get through to speak with an agent. There's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Really helpful when the phone lines are jammed and you need to resolve claim issues or get status updates.
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Aidan Percy
•Thanks for that tip! I'll keep it in mind. Hopefully I won't need it but good to know there are options if I can't get through on the phones.
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