What happens if my employer didn't pay into unemployment - NYS Department of Labor eligibility question
I just got laid off from my restaurant job after working there for 8 months and when I tried to file for unemployment benefits, I'm getting worried that my employer might not have been paying into the system properly. The place was pretty disorganized with payroll stuff and I remember getting paid sometimes in cash, sometimes with checks that seemed sketchy. If my employer wasn't paying unemployment taxes to NYS Department of Labor, does that mean I can't get benefits? I really need this money to pay rent while I look for another job. Has anyone dealt with this situation before?
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Ella Harper
You can still be eligible for unemployment benefits even if your employer wasn't paying into the system correctly. NYS Department of Labor will investigate your work history and wages, and if they determine you were an employee (not an independent contractor), they can establish your claim based on the wages you should have received. The employer would then be responsible for paying back taxes and penalties. Make sure you have any documentation of your employment - pay stubs, bank deposits, work schedules, anything that proves you worked there.
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Micah Franklin
•That's a relief! I do have some pay stubs and my bank statements showing the deposits. Should I mention the cash payments when I file my claim?
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Ella Harper
•Yes, absolutely report all wages including cash payments. NYS Department of Labor needs the complete picture of your earnings to calculate your benefit amount correctly.
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PrinceJoe
This happened to my friend who worked at a small construction company. The owner wasn't paying unemployment taxes and when she got laid off, NYS Department of Labor went after the company. She still got her benefits but it took longer to process because they had to do an investigation first. Definitely file your claim anyway.
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Micah Franklin
•How much longer did it take for her claim to get approved? I'm already stressed about money.
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Brooklyn Knight
ugh this is so typical of shady employers trying to cut corners!! They think they can just not pay into unemployment and screw over their workers when times get tough. The good news is NYS Department of Labor doesn't mess around with this stuff - they'll come down hard on employers who don't pay their taxes.
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Owen Devar
I had trouble reaching NYS Department of Labor by phone when I had questions about my employer's tax status. If you need to speak with someone directly about your specific situation, I found this service called Claimyr that helps you get through to actual agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it way easier than trying to call repeatedly myself.
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Daniel Rivera
•Never heard of that but honestly anything is better than sitting on hold for hours with NYS Department of Labor. Did they actually help you get answers?
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Owen Devar
•Yeah, got connected to an agent within like 30 minutes and they were able to look up my employer's account status right away. Saved me a lot of stress.
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Sophie Footman
Just wanted to say hang in there! Even if there are delays because of your employer's mistakes, you'll eventually get what you're owed. Keep all your documentation organized and be patient with the process.
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