What happens when a former employee files for unemployment - NYS Department of Labor process?
My manager just told me that one of our former employees filed for unemployment benefits with NYS Department of Labor and we got some kind of notice. I'm supposed to respond but I've never dealt with this before. What exactly happens when someone files a claim against our company? Do we have to prove they were fired for cause or something? How long do we have to respond and what information does NYS Department of Labor need from us?
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Lauren Wood
When someone files for unemployment, NYS Department of Labor sends the employer a Notice of Claim (form UC-309). You typically have 10 days to respond with details about why the person left. If they quit voluntarily or were fired for misconduct, you need to provide documentation. The burden is on you to prove disqualifying conduct - NYS Department of Labor assumes the person is eligible unless you can show otherwise.
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Dylan Baskin
•So if we don't respond within 10 days, they automatically get approved? That seems like a short timeframe.
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Ellie Lopez
Make sure you respond promptly and include any documentation you have. NYS Department of Labor will look at the separation reason, work history, and any misconduct issues. If the person was laid off or downsized, they'll likely qualify. If they were fired for poor performance (not misconduct), they might still qualify. Only serious misconduct or voluntary quit without good cause typically disqualifies someone.
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Chad Winthrope
•what counts as misconduct though? asking for a friend whose company is dealing with this
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Ellie Lopez
•NYS Department of Labor defines misconduct as willful violations of company policy, insubordination, theft, falsification of records, etc. Just being bad at the job or making mistakes usually doesn't count as misconduct.
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Paige Cantoni
ugh dealing with these unemployment claims is such a hassle... had three former employees file claims last year and spent hours gathering documentation just for NYS Department of Labor to approve them anyway
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Kylo Ren
•I've had good luck using claimyr.com when I needed to get through to NYS Department of Labor agents about claim responses. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Saved me from sitting on hold for hours when I had questions about what documentation to submit.
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Nina Fitzgerald
The process can get complicated if the former employee appeals your response. Then there might be a hearing where both sides present evidence. NYS Department of Labor will make a determination based on state unemployment laws. Your unemployment insurance premiums might go up if you have too many successful claims against your company.
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Dylan Baskin
•Wait, our premiums can go up? Nobody told me that part. How much can they increase?
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Benjamin Johnson
•@Nina Fitzgerald is right about the premium increases. Your company s'unemployment insurance rate is based on your experience "rating -" basically how many successful claims you ve'had. Companies with more layoffs/firings that result in approved benefits pay higher rates. It s'called an experience-rated "system," so employers who contribute more to the unemployment fund through (their former employees collecting benefits pay) more in premiums.
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Jason Brewer
Just respond honestly with whatever documentation you have. Don't try to make up reasons why they shouldn't get benefits - NYS Department of Labor can usually tell when employers are stretching the truth.
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Yara Nassar
One thing to keep in mind is that even if the person gets approved for benefits, it doesn't necessarily mean you did anything wrong as an employer. The unemployment system is designed to provide a safety net for workers between jobs. Focus on providing accurate information about the separation and let NYS Department of Labor make their determination based on the facts. Keep copies of everything you submit for your records too.
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Oliver Fischer
•This is really helpful advice @Yara Nassar. I was worried that having someone file for unemployment would look bad on our company record, but you're right that it's just part of the safety net system. I'll make sure to gather all the relevant documentation about the separation and submit it honestly within the 10-day deadline. Thanks everyone for explaining the process - feels much less intimidating now!
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Olivia Clark
Just went through this process myself last month. One tip that really helped - when you get that UC-309 form, read it carefully because it will tell you exactly what information NYS Department of Labor is looking for. They usually want the last day worked, reason for separation, and any relevant dates. If you have an employee handbook or written policies that were violated, include copies of those too. The key is being factual and specific rather than vague. And definitely don't miss that 10-day deadline - I learned the hard way that extensions are really rare.
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Aiden O'Connor
•@Olivia Clark that s'really good advice about reading the UC-309 form carefully! I m'dealing with my first unemployment claim too and was wondering - when you say being "factual and specific, do" you mean we should include exact dates and detailed descriptions of incidents? Also, did you find that NYS Department of Labor followed up with any additional questions after you submitted your initial response?
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