NYS Department of Labor unemployment when you get laid off who pays unemployment - employer or state?
I just got laid off from my job at a manufacturing company after 3 years and I'm confused about how unemployment actually works. When I file my claim with NYS Department of Labor, does the money come from my former employer or does the state pay me? My supervisor mentioned something about the company's unemployment insurance but I don't really understand who's responsible for what. Also wondering if there's a difference between being laid off vs fired when it comes to who pays? I know I need to file soon but want to understand the process first.
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Carmen Ruiz
The state pays your unemployment benefits through NYS Department of Labor, but the money comes from unemployment insurance taxes that your employer paid while you were working. Every employer in NY has to pay into the state unemployment insurance fund based on their payroll. So technically your former employer funded it, but they don't write you checks directly - everything goes through the state system.
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Yuki Yamamoto
•That makes sense! So my employer can't refuse to pay or anything like that since it's already in the state fund?
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Andre Lefebvre
Your employer's unemployment insurance rates can actually go up if they have a lot of former employees filing claims. That's why some companies fight unemployment claims even for legitimate layoffs - they want to keep their rates low. But if you were truly laid off due to lack of work, you should qualify regardless of what your employer wants.
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Zoe Dimitriou
•this is why my old job tried to say i quit when they actually laid me off! had to appeal and everything
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QuantumQuest
I've been trying to get through to NYS Department of Labor for weeks about my claim status and can never reach anyone. The phone lines are always busy and when I do get through I get disconnected. Has anyone found a way to actually talk to a real person there? This is so frustrating when you need answers about your benefits.
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Jamal Anderson
•I had the same problem until someone told me about Claimyr (claimyr.com). They basically call NYS Department of Labor for you and get you connected to an actual agent. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through to someone at NYS Department of Labor within a few hours instead of spending weeks calling myself. Really saved me a lot of stress during an already tough time.
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QuantumQuest
•Never heard of that but at this point I'm willing to try anything. The automated system is useless for complex questions.
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Mei Zhang
wait so if i get fired for performance issues does my employer still have to pay unemployment?? i thought only layoffs qualified
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Carmen Ruiz
•Being fired for performance usually still qualifies for unemployment unless it was for misconduct. NYS Department of Labor looks at whether you were fired for reasons within your control. Poor performance due to lack of skills or ability typically doesn't disqualify you, but things like theft, violence, or repeatedly violating company policy would.
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Liam McGuire
The whole system is set up to make it as difficult as possible to get benefits. Even when you qualify they drag out the adjudication process for weeks and make you jump through hoops. Then they act like they're doing you a favor by giving you a fraction of what you used to earn. Meanwhile the employers who laid you off are probably getting tax breaks.
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