Who pays unemployment taxes and who is eligible for NYS Department of Labor benefits?
I'm trying to understand how the whole unemployment system works in NY. My employer just laid me off from my restaurant job and I'm wondering if I can get benefits. Also curious about who actually pays for these benefits - is it coming out of my paycheck or what? I've never filed for unemployment before and want to make sure I understand the basics before I apply through NYS Department of Labor.
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Olivia Clark
Employers pay unemployment taxes, not employees. In NY, employers pay both state unemployment insurance (SUI) and federal unemployment tax (FUTA). The money goes into a fund that pays benefits to eligible workers. To qualify, you need to have worked enough quarters with sufficient wages, be unemployed through no fault of your own, and be able and available for work.
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Yara Assad
•So nothing comes out of my paycheck for this? That's good to know. How do I know if I worked enough quarters?
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Javier Morales
You can check your work history on the NYS Department of Labor website when you file your claim. They'll calculate if you meet the monetary requirements automatically. Generally you need work in at least 2 of the last 4 quarters before filing. Restaurant workers definitely qualify as long as you weren't fired for misconduct.
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Natasha Petrov
•This is correct. I worked in food service for years and collected UI benefits between jobs several times. The key is making sure you weren't terminated for cause.
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Connor O'Brien
If you're having trouble getting through to NYS Department of Labor to ask questions about your eligibility, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time instead of calling for hours.
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Amina Diallo
•Interesting, never heard of that. Does it actually work or is it just another scam?
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Connor O'Brien
•It worked for me when I needed to check on my claim status. Way better than sitting on hold forever or getting disconnected.
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GamerGirl99
wait so employers pay for unemployment but then they fight you when you try to claim it??? that makes no sense to me
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Olivia Clark
•Employers pay into the system but their rates can go up if they have too many claims, so some try to contest legitimate claims to keep their costs down. It's frustrating but that's why the appeal process exists.
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Hiroshi Nakamura
Just apply online through my.ny.gov and let NYS Department of Labor determine your eligibility. The worst they can say is no, and if you disagree you can always appeal their decision.
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