If I get laid off who pays for NYS Department of Labor unemployment benefits?
My company just announced layoffs coming next month and I'm probably going to be affected. I've never filed for unemployment before and I'm confused about how the whole system works. Who actually pays for the unemployment benefits - is it my employer or the government? Do I need to worry about my company not having enough money to cover it? Also wondering if there's any difference between being laid off vs fired when it comes to getting benefits. Any help understanding this would be appreciated.
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Logan Chiang
The NYS Department of Labor unemployment system is funded through employer taxes, not by your specific employer directly. Your company pays into the state unemployment insurance fund through quarterly taxes based on their payroll. When you file for UI benefits, the money comes from this pooled fund, so you don't need to worry about your employer's financial situation affecting your claim.
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Abigail Spencer
•That's a relief! I was worried the company might not have money to pay benefits if they're doing layoffs.
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Isla Fischer
Being laid off vs fired makes a huge difference for eligibility. Layoffs due to lack of work typically qualify you for benefits immediately. Being fired for misconduct can disqualify you. Since you mentioned layoffs, you should be fine as long as you file your initial claim promptly and keep up with your weekly claims.
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Miles Hammonds
•What counts as misconduct though? I'm worried they might try to claim something to avoid their unemployment tax rates going up.
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Isla Fischer
•Misconduct has to be pretty serious - like theft, repeated violations of company policy after warnings, or intentional poor performance. Regular layoffs due to business reasons don't qualify as misconduct.
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Ruby Blake
ive been thru this before and the hardest part isnt getting approved its actually getting thru to someone at nys department of labor when you have questions!! their phone lines are always busy and sometimes you wait on hold for hours just to get hung up on
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Micah Franklin
•I had the same problem last year when my claim got stuck in adjudication. Couldn't reach anyone for weeks until someone told me about Claimyr (claimyr.com). They actually got me through to a real NYS Department of Labor agent in under 10 minutes. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to call on my own.
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Ella Harper
Just want to add that you should file your claim as soon as possible after your last day of work. Don't wait thinking you might find another job quickly. You can always stop claiming if you find work, but there's a waiting period if you delay filing initially.
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