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Ava Hernandez

NYS Department of Labor unemployment requirements - confused about employer responsibilities

My small business just had to lay off 3 employees due to budget cuts and I'm completely lost about how unemployment works for employers. Do I need to do anything specific with NYS Department of Labor? One of my former employees called asking about some forms I'm supposed to fill out but I have no idea what she's talking about. I know I pay into the unemployment system through my payroll taxes but beyond that I'm clueless. Can someone explain what my obligations are when employees file for benefits?

As an employer, you'll mainly deal with verification requests from NYS Department of Labor. When your former employees file for UI benefits, the department will send you a Notice of Claim (usually within a week). You have 10 days to respond if you want to contest the claim. You'll need to provide details about their work history, reason for separation, and wages earned. If it's a straightforward layoff due to lack of work, you generally don't need to contest it.

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Ava Hernandez

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Thanks! So I just wait for them to contact me? I don't need to proactively file anything when I lay people off?

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You should also keep good records of everything - final pay stubs, separation notices, any documentation about the layoff decision. NYS Department of Labor might ask for verification of wages or work history during the claim review process. Make sure your unemployment insurance account is current too because that's how the benefits get funded.

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Sophia Miller

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this is why i hate dealing with unemployment stuff as an employer, so much paperwork and deadlines to track

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Mason Davis

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One thing to watch out for - if any of your laid-off employees get their claims denied or delayed, they might ask you to help them contact NYS Department of Labor. I've had good luck using claimyr.com when I needed to reach an agent quickly to verify employment info for my former workers. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes employers calling on behalf of claimants can help speed up the adjudication process.

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Ava Hernandez

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That's interesting, I didn't know employers could help with that kind of thing. I'll keep that in mind if any issues come up.

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Mia Rodriguez

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Wait hold on, if you lay people off don't you have to give them some kind of notice? I thought there were rules about that. Also what happens to your unemployment insurance rates after claims get filed?

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WARN Act requirements depend on company size and number of layoffs. For UI tax rates, claims will affect your experience rating and could increase your quarterly premiums, but that's calculated annually by NYS Department of Labor.

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Jacob Lewis

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been through this twice with my restaurant, honestly the NYS Department of Labor forms are pretty straightforward once you get the hang of it

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