When does a company have to pay unemployment benefits through NYS Department of Labor?
My former employer is claiming they don't have to pay into unemployment for me because I was part-time and only worked there for 8 months. Is this even legal? I thought all employers had to contribute to unemployment insurance through NYS Department of Labor regardless of how long someone worked there. I'm getting conflicting information and my claim is showing as pending while they investigate my work history. Can someone explain when exactly companies are required to pay unemployment taxes?
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Benjamin Kim
In New York, employers must pay unemployment insurance taxes if they meet certain criteria. Generally, they're required to pay if they employ one or more workers for 20 weeks in a calendar year, or if they pay wages of $300 or more in any quarter. The length of time you worked there and whether you were part-time doesn't affect their obligation to pay into the system - what matters is whether they met the threshold requirements during the time period.
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Victoria Stark
•That makes sense! They definitely had more than one employee and I know they've been operating for years. So they should have been paying in all along then?
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Samantha Howard
Your employer is probably trying to get out of paying the claim, not the taxes themselves. Once they're registered with NYS Department of Labor for unemployment insurance, they have to pay those taxes quarterly regardless. What they might be disputing is whether your separation qualifies for benefits - like if they're claiming you quit without good cause or were fired for misconduct.
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Victoria Stark
•Oh that could be it! I was laid off due to budget cuts but maybe they're trying to make it seem like something else. How do I prove it was a layoff?
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Samantha Howard
•Keep any documentation you have - layoff notice, emails about budget cuts, etc. NYS Department of Labor will contact your employer during adjudication and they'll have to provide their side of the story.
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Megan D'Acosta
i had the same thing happen and it took forever to get resolved... my employer kept saying they didnt have to pay but turns out they were just being difficult
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Victoria Stark
•How long did your adjudication take? I'm already stressed about bills piling up.
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Sarah Ali
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I was stuck in adjudication limbo and couldn't get anyone on the phone.
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Victoria Stark
•Thanks, I'll check that out. The phone lines are always busy when I try calling.
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Ryan Vasquez
•Never heard of that but anything's better than sitting on hold for hours just to get disconnected!
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Avery Saint
THE WHOLE SYSTEM IS RIGGED!!! Companies will say ANYTHING to avoid paying claims even though they've been paying unemployment taxes for years. It's not like the money comes directly out of their pocket at that point - it's already been paid to the state. But they still fight every single claim because it affects their experience rating and future tax rates.
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Taylor Chen
•That's why they always try to make it seem like you were fired for cause or quit voluntarily. Saves them money in the long run even if they have to lie about it.
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