NYS Department of Labor - how long is an employer responsible for unemployment benefits after layoff?
My company laid me off 8 months ago and I'm still collecting unemployment benefits. My former boss called me yesterday saying their accountant is asking questions about how long they have to keep paying into the system for my claim. I thought unemployment came from a general fund, not directly from individual employers? How long is an employer responsible for unemployment benefits in New York? I'm worried they might try to contest my claim or something if it's costing them money.
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LilMama23
Employers don't pay your benefits directly - they pay into the unemployment insurance fund through quarterly taxes. Your benefits come from that pooled fund, not your specific employer's account. However, your claim does affect their experience rating which determines their future tax rates. In NY, claims generally impact an employer's rating for about 3-4 years.
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Aisha Patel
•So they can't just stop my benefits because they don't want to pay? That's a relief. I was panicking thinking they could cut me off.
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Dmitri Volkov
wait so my old job is still paying for my unemployment?? i've been on it for 6 months, no wonder they were being weird when i called about my w2
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Gabrielle Dubois
The employer's responsibility is ongoing as long as you're eligible for benefits. They can't stop your claim, but they can contest it if they believe you're not meeting job search requirements or if you refuse suitable work. The NYS Department of Labor makes the final decisions, not your former employer. Your benefits are based on your work history and wages, and you're entitled to them as long as you meet the weekly certification requirements.
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Aisha Patel
•Good to know they can't just arbitrarily stop it. I've been doing my job searches every week and documenting everything properly.
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Tyrone Johnson
•If you're having trouble reaching the NYS Department of Labor to verify your claim status or ask questions about employer responsibilities, I 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. Really helped when I couldn't get through the regular phone lines.
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Ingrid Larsson
This whole system is so confusing! My employer keeps sending me job postings and I'm wondering if they're trying to get me off unemployment faster. Can they force me to take any job they send me?
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LilMama23
They can send you job postings but you're only required to accept 'suitable work' as defined by NYS Department of Labor guidelines. Suitable work considers your skills, experience, commute distance, and wage level. You can't be forced to take just anything, especially in your first few months of unemployment.
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StarStrider
Your former employer is probably getting nervous about their experience rating, but that's not your problem to worry about! The system is designed so that employers who lay off workers contribute more to the fund - it's basically an incentive for them to maintain stable employment. You earned those benefits through your work history and you have every right to collect them as long as you're eligible. Don't let them make you feel guilty about using a safety net you paid into. Just keep doing your weekly certifications and job search requirements, and you'll be fine.
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Keisha Robinson
•This is really helpful context! I didn't realize the experience rating system was basically designed to discourage layoffs. It makes sense that employers would get charged more if they're frequently letting people go. I feel much better knowing this is how the system is supposed to work and I shouldn't feel bad about collecting benefits I earned.
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