Anybody familiar with NY State Unemployment Laws?

[mackeysmom]

Hey -

I figured if anybody had an answer - it would be my fellow budget-boarders

My boss wanted to meet with me today - I figured I was being laid off, but instead was told that I had to take a 50% cut in pay and hours. (There are two of us in my department - he couldn't decide which one of us to let go, so he cut us both by 50%).

Somebody told me that I am eligible to file for partial unemployment compensation due to my reduction in hours. The NYS Labor website wasn't too helpful, and nobody was answering the phones after 5:00, so I can't go to my local unemployment office until Monday.

I was just wondering if anybody here was from New York and had any experience with this?

Of course, I'll be looking for a full-time job (or at least a part-time job in the meantime - I've already scheduled myself to take the Census test next week), but I had a pretty sweet deal going on - I work from home - and worked a flexible 40 hour week which allows me to go to school part-time. I don't want to drop out since I'm a few weeks into the new semester, but don't know how much luck I'll have going into a job interview with a request for flexible hours.

Thanks in advance,
Laura

 

[CajunDixie]

Try: http://www.nyc.gov


I know from new experience that in Indiana you can file when your hours have been cut. We have an employee that has always only been a part-time worker for us but full-time elsewhere that was fired from his full-time employer. He decided to "get even" with the other employer by filing unemployment. We got a statement saying for November we would have to pay in $600 for his unemployment. He was working on average the same hours for us or even more than he had been in the past. But yet we had to pay him for his hours and pay his unemployment. In his case I found out he lied and reported his net pay and not his gross pay. I've filed appeals and now he owes unemployment money. His next month he again reported his net pay not his gross so again I had to file an appeal. We don't get credited until he pays back the money he owes them though.

And don't forget you can't refuse any hours or work while on unemployment. We were told to document any and all hours that the above person refused to work if it was offered to him. If he files again for January I have a list of dates and times to send unemployment of available times he could have worked.

 

[mskayjay]

oh I feel your pain......I am getting laid off on 3/31, I am originally from LI, and I used to work for State DOL...... Depending on the hours, etc. and how long you think it may take for you to get back to FTE somewhere else this may not be worth your time. NY UI law provides for payments based on 50% pay up to a max of $405 currently. It is based on a ridiculous formula of hours and days worked and and and and..... You can't volunteer or you are considered ineligible to work, if you work at all it is counted against you, and so on. I hate to say it but go to a UI office, get an experienced LSR to talk to you, make clear you are looking to go back to work, and ask questions. I wish you luck !!!!!

 

[mskayjay]

Try: http://www.nyc.gov


I know from new experience that in Indiana you can file when your hours have been cut. We have an employee that has always only been a part-time worker for us but full-time elsewhere that was fired from his full-time employer. He decided to "get even" with the other employer by filing unemployment. We got a statement saying for November we would have to pay in $600 for his unemployment. He was working on average the same hours for us or even more than he had been in the past. But yet we had to pay him for his hours and pay his unemployment. In his case I found out he lied and reported his net pay and not his gross pay. I've filed appeals and now he owes unemployment money. His next month he again reported his net pay not his gross so again I had to file an appeal. We don't get credited until he pays back the money he owes them though.

And don't forget you can't refuse any hours or work while on unemployment. We were told to document any and all hours that the above person refused to work if it was offered to him. If he files again for January I have a list of dates and times to send unemployment of available times he could have worked.

You do not "pay for" someones UI. It is part of the built in costs of having an employee. You pay that amount whether the person is collecting UI or working for you, just like you pay for life insurance until you need it.

 

[CajunDixie]

You do not "pay for" someones UI. It is part of the built in costs of having an employee. You pay that amount whether the person is collecting UI or working for you, just like you pay for life insurance until you need it.

I really hate when people think they know it all.

We are billed when a person files unemployment. First we receive a notice they have filed. We are told how to dispute this, which doesn't get investigated before we have to pay. We then receive a statement that says something like for week 1 of the previous month you need to pay $X, week 2 pay $X....with a grand total for the month. We then have found we have to file an appeal with the adjustment department if we feel the person lied...which the person in my post did lie by reporting his net pay. We then get an actual bill to be paid by the end of the next month. So he filed for the month of November, we received statements and bill in December with a due date for our payment of January 31, 2009.

And the money we paid came out of our payroll fund!!!

 

[rflorek]

I really hate when people think they know it all.

We are billed when a person files unemployment. First we receive a notice they have filed. We are told how to dispute this, which doesn't get investigated before we have to pay. We then receive a statement that says something like for week 1 of the previous month you need to pay $X, week 2 pay $X....with a grand total for the month. We then have found we have to file an appeal with the adjustment department if we feel the person lied...which the person in my post did lie by reporting his net pay. We then get an actual bill to be paid by the end of the next month. So he filed for the month of November, we received statements and bill in December with a due date for our payment of January 31, 2009.

And the money we paid came out of our payroll fund!!!

Maybe that is only in your state. We had an employee who filed for unemployment (after he was let go) - we are based in NJ - and we have not had to pay anything more than our regular UI deductions for our employees.

 

[CajunDixie]

We are not required as a government office to take a deduction for unemployment purposes. We cannot take monies out of our budget without having a "bill" for all expenses. We take taxes, PERF, insurance, Aflac and court ordered child support out of payroll.

We DO get billed for unemployment! And once we pay money out we can't easily put money back if an overpayment is refunded. Because that refund is income during the current year and is not budgeted to be spent. To spend a refund we'd have to do an additional appropriation which requires legal notices and a public meeting. If we're lucky we will have enough in that budget category that we don't need to spend it.

 

[mskayjay]

I really hate when people think they know it all.

We are billed when a person files unemployment. First we receive a notice they have filed. We are told how to dispute this, which doesn't get investigated before we have to pay. We then receive a statement that says something like for week 1 of the previous month you need to pay $X, week 2 pay $X....with a grand total for the month. We then have found we have to file an appeal with the adjustment department if we feel the person lied...which the person in my post did lie by reporting his net pay. We then get an actual bill to be paid by the end of the next month. So he filed for the month of November, we received statements and bill in December with a due date for our payment of January 31, 2009.

And the money we paid came out of our payroll fund!!!

Right back atcha!!!! I too hate when people think they know it all, especially when they aren't even in the same state that a person is asking about!!!!! I do NOT know it all but I DID work for NY State Department of Labor which handles Unemployment in our state! Why not chill out a bit! The OP asked if anyone was familiar with NYS Unemployment Law which I am, I answered and you posted in about your UI laws. Why????? Has nothing to do with the OPs question and then you snark off at me??? You need to chill out.

In NYS, where the OP is inquiring about, the money is collected from an employer on a regular basis. It does NOT come out of a payroll account and the employer is NOT billed. You DO have the right to refuse a job if the income is not within a certain percentage or your previous income and that is then adjusted as you go farther into your claim year. You cannot do volunteer work or be otherwise unavailable for work or it counts against you which really annoyed me because I wanted to help at our elementary school reading program and couldn't. You can work part-time but it is taken off of your yearly claim so depending on how many hours you would be working and the likelihood of a layoff again in the same calendar year, it may not be a good idea to put in for that money right now. '

Again, please go to your local office and talk this through with someone. As a New Yorker, you know how often things change here.....

 

[mackeysmom]

Thanks for the information - I appreciate it.

I'm going to go in person on Monday morning and try to a straight answer.

-- Laura