Does my employer pay unemployment if I get fired from my job in NY?
I might be getting terminated from my job next week and I'm trying to understand how unemployment works. Does my employer actually pay for my unemployment benefits if I get fired? I've heard different things from coworkers - some say the company pays directly, others say it comes from taxes. I want to know what to expect before I potentially file a claim with NYS Department of Labor. Also wondering if it matters whether I get fired for performance issues vs layoffs.
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Diego Fernández
Your employer doesn't pay your unemployment benefits directly. They pay unemployment insurance taxes to NYS Department of Labor throughout the year, which funds the unemployment system. When you file a claim, the money comes from that insurance fund, not directly from your employer's pocket. However, your claim can affect their future tax rates.
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Chloe Martin
•That makes sense! So they're not writing me a check each week, but their taxes might go up if I collect benefits?
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Anastasia Kuznetsov
yeah employers pay into the system but it depends why you got fired... if its for misconduct you might not get anything at all
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Sean Fitzgerald
The key thing is whether you were terminated for misconduct or not. If you're fired for poor performance (but not willful misconduct), you can usually collect unemployment. If you're fired for things like theft, excessive absences, or insubordination, NYS Department of Labor may disqualify you. Your employer can contest your claim if they believe it was misconduct.
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Chloe Martin
•It would be performance related, not misconduct. They've been giving me warnings about not meeting quotas but I've been trying my best.
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Sean Fitzgerald
•That sounds like it would qualify for benefits. Make sure to keep any documentation about the performance issues and warnings you received. File your claim as soon as possible after termination.
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Zara Khan
I went through this last year when I got let go. Had trouble reaching NYS Department of Labor by phone for weeks to check on my claim status. Finally used a service called Claimyr (claimyr.com) that helped me get through 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 over and over.
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MoonlightSonata
•Never heard of that before but might be worth checking out if the phone lines are still impossible to get through.
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Mateo Gonzalez
The whole system is designed to make employers pay as little as possible while making it hard for workers to get benefits. Your employer's UI tax rate goes up if too many former employees collect unemployment, so they have incentive to fight legitimate claims. It's frustrating but that's how it works.
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Anastasia Kuznetsov
•this is why so many companies try to claim everything is misconduct even when its not
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