How long does someone have to work for you to collect unemployment benefits in NY?
I'm a small business owner and one of my employees just quit after working for me for only 6 weeks. Now they're saying they're going to file for unemployment and I'm worried about my rates going up. I thought you had to work somewhere for a certain amount of time before you could collect unemployment benefits? Does anyone know what the minimum work period is in New York? I've never dealt with this before and I'm confused about how the whole system works.
11 comments
Join the conversation
Kolton Murphy
The employee doesn't need to work for YOU specifically for any minimum time period. NYS Department of Labor looks at their total work history over the past 18 months, not just their time with your company. They need to have earned at least $2,600 in wages during their base period to qualify for benefits. If they worked elsewhere before starting with you, they might still be eligible even after only 6 weeks at your business.
0 coins
Jackson Carter
•Oh wow, I had no idea it worked that way! So even though they only worked for me briefly, if they had other jobs before mine they could still qualify?
0 coins
Evelyn Rivera
Your unemployment insurance rates are based on your experience rating and the benefits charged to your account over time. One short-term employee claiming benefits won't dramatically impact your rates, especially if they quit voluntarily. If they quit without good cause, they might be disqualified anyway. You can contest the claim if you believe they quit without good reason.
0 coins
Jackson Carter
•They said they quit because the job wasn't what they expected. Would that count as good cause or would NYS Department of Labor side with me?
0 coins
Julia Hall
i think its like 20 weeks or something? not sure though, my friend had to work forever before she could get benefits when she got laid off
0 coins
Kolton Murphy
•That's not quite right. There's no specific number of weeks you have to work for one employer. It's about total earnings across all jobs during the base period.
0 coins
Arjun Patel
If you're having trouble reaching NYS Department of Labor to get clarification on this, I had success using Claimyr recently when I needed to speak with an agent about my business account. They have a service that helps you get through the phone lines - there's a demo at https://youtu.be/qyftW-mnTNI and their site is claimyr.com. Saved me hours of trying to call and getting busy signals.
0 coins
Jackson Carter
•Thanks for the tip! I've been trying to call them all week but keep getting disconnected. I'll check that out.
0 coins
Jade Lopez
The unemployment system is so confusing for employers! I went through this same thing last year when an employee worked for me for just a month then filed a claim. Turns out they were eligible because of their previous job history. NYS Department of Labor sent me paperwork to fill out about their separation and I just answered honestly about why they left.
0 coins
Tony Brooks
Just document everything about why they quit in case you need to contest the claim. Keep any emails, texts, or notes from conversations about their resignation.
0 coins
Keisha Jackson
As a small business owner who's dealt with this before, I understand your concern about rates going up. The good news is that one short-term employee claiming benefits typically won't cause a dramatic spike in your unemployment insurance rates. The system is designed to spread costs over time, and your rates are based on your overall experience rating, not just one claim. Focus on documenting the circumstances of their departure and responding honestly to any paperwork NYS Department of Labor sends you. If they quit without good cause, you have the right to contest the claim.
0 coins