What if my employer doesn't pay unemployment insurance - NYS Department of Labor help needed
I just found out my previous employer might not have been paying into the unemployment insurance system properly. I worked there for 8 months before getting laid off last month, and now I'm trying to file for benefits but I'm worried there won't be any wages in the system under my SSN. The company seemed sketchy about payroll stuff and I'm wondering if they were cutting corners. Has anyone dealt with this before? What happens if NYS Department of Labor can't find my employment history when I try to file my claim?
16 comments
Join the conversation
LunarLegend
This is actually more common than you'd think. When you file your unemployment claim, NYS Department of Labor will search for your wage records using your SSN. If your employer didn't report wages or pay UI taxes, it will show up as missing quarters. You'll need to provide documentation like pay stubs, W-2s, or bank deposit records to prove you worked there. NYS Department of Labor can then pursue the employer for unpaid contributions while processing your claim.
0 coins
Emma Davis
•Thank god I kept all my pay stubs! Should I wait to file until I gather everything or can I start the claim process now?
0 coins
Malik Jackson
File your claim immediately! Don't wait. NYS Department of Labor allows you to submit wage information after you file if there are missing quarters. The longer you wait to file, the more you're potentially losing in benefits. You can always add employer information during the adjudication process.
0 coins
Isabella Oliveira
•Wait what happens to the employer if they get caught not paying unemployment taxes? Do they get in trouble?
0 coins
Malik Jackson
•Oh yeah, NYS Department of Labor takes this seriously. The employer faces penalties, interest charges, and has to pay back taxes. It's not something they can just ignore.
0 coins
Ravi Patel
ugh this happened to me two years ago with a restaurant job. took FOREVER to get resolved because the owner kept dodging NYS Department of Labor calls and wouldn't provide the wage records they needed. i had to keep filing weekly claims even though my case was stuck in adjudication for like 6 weeks
0 coins
Emma Davis
•Six weeks?? Did you eventually get all your back pay once it was resolved?
0 coins
Ravi Patel
•yes but it was such a headache. had to provide like every piece of documentation i had from that job
0 coins
Freya Andersen
When you're dealing with missing wage records and need to reach NYS Department of Labor agents to expedite the process, I'd suggest checking out Claimyr (claimyr.com). They help you get through to actual agents instead of sitting on hold forever. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when my employer's wage reporting was messed up and needed to speak with someone about adding missing quarters to my claim.
0 coins
Omar Zaki
•Never heard of this service before but honestly anything that helps avoid those 2 hour hold times sounds worth looking into
0 coins
CosmicCrusader
The system is so broken. How many small businesses are just not paying unemployment taxes and getting away with it? Makes me wonder how many people get denied benefits because their sketchy employers never paid in properly. NYS Department of Labor should be auditing these companies more often!!
0 coins
Chloe Robinson
similar thing happened to my cousin except it was a construction company that was paying everyone under the table. took months to sort out because there was literally no paper trail of employment
0 coins
Jenna Sloan
I went through something similar with a small tech startup that folded suddenly. The key is to document EVERYTHING - not just pay stubs, but also your offer letter, any email confirmations about your salary, direct deposit records from your bank, and even text messages about work schedules if you have them. NYS Department of Labor investigators are actually pretty thorough once they open a case against an employer who didn't pay UI taxes. They'll cross-reference your documentation with any records the employer did file (like quarterly tax reports) to build your wage history. The process can take a while, but they do backdate your benefits to when you first filed, so you won't lose out on money you're entitled to.
0 coins
Luca Bianchi
•This is really helpful advice! I never thought about keeping text messages about work schedules as documentation. Quick question - when you say they backdate the benefits, does that mean you get a lump sum payment for all the weeks you were waiting for the case to be resolved? And did you have any issues with the weekly certification process while your case was under investigation?
0 coins
AstroAdventurer
I actually work in HR and see this issue more than I'd like to admit. Some red flags to watch for in the future: if your employer is constantly late with paychecks, doesn't provide proper pay stubs, or seems evasive about tax withholdings. When you file with NYS Department of Labor, make sure to mention that you suspect your employer wasn't compliant - they have a specific department that investigates wage and tax violations. Also, if you have any coworkers from that job who might be in similar situations, you should all file claims. Multiple reports against the same employer tend to trigger faster investigations. The good news is that once NYS catches an employer doing this, they usually have to pay penalties that go into a fund that helps cover benefits for affected workers.
0 coins
Toot-n-Mighty
•This is such valuable insight from the HR perspective! I'm definitely going to reach out to my former coworkers to see if they're having similar issues when they try to file. We were all laid off around the same time so they probably haven't discovered this problem yet. Quick question - you mentioned penalties that go into a fund for affected workers. Does that mean we might get additional compensation beyond just our regular unemployment benefits, or is that fund just used to cover the benefits that should have been there in the first place?
0 coins