If you have worked in New York State, you may be eligible to receive Unemployment Insurance benefits. You must:
• Have lost employment through no fault of your own
• Have enough prior earnings from employment to establish aclaim
• Be ready, willing and able to work immediately
• Be actively seeking work and keep a record (online or written) of your efforts
If you are not sure if you qualify, you should still apply as soon as possible. The NYS Department of Labor will determine if you are eligible. For more information about eligibility, please review the NYS Department of Labor website, and also review Chapter 2 of the claimant unemployment handbook.
CLICK HERE TO VIEW - NYS DEPARTMENT OF LABOR WEBSITE
CLICK HERE TO VIEW - NYS DEPARTMENT OF LABOR CLAIMANT UNEMPLOYMENT HANDBOOK
CLICK HERE TO VIEW - NYS UNEMPLOYMENT INSURANCE FACT SHEET
Promptly file your claim, in the first week that you lose your job. You must serve an unpaid “waiting period,” equal to one full week of unemployment benefits, before you receive payments. A delay in filing may cost you benefits.
You can estimate your weekly benefit amount by using the benefit rate calculator on the NYS Department of Labor website.
CLICK HERE TO VIEW - NYS DEPARTMENT OF LABOR BENEFIT RATE CALCULATOR
Please note that the tool gives an estimate only. It does not guarantee that you will be eligible for benefits or a specific amount of benefits. You must file an Unemployment Insurance claim to find our if you are eligible and learn your actual benefit amount.
The New York State Department of Labor understands the urgency that many of you are facing. Unfortunately, it does take its time to review and process UI claims. They are working around the clock to process claims and get workers their benefits as quickly as possible. If your claim is pending, here is what you should know.
• If you are found eligible, you will receive any back week sof benefits owed with your first payment. You will receive your benefits viadirect deposit or bank debit card.
• If you are found ineligible, you will receive a determination explaining the reason. If you disagree, you may request a hearing within 30 days from the date of the determination.
After you file your claim for Unemployment Insurance benefits, you will need to take further action. For each week that you are unemployed andlooking for work, you must claim benefits by answering a series of questions. Claiming weekly benefits is also called certifying for benefits, as you are certifying to the NYS Department of Labor that your answers are true and correct. The following fact sheet is a guide to help you claim weekly benefits.
CLICK HERE TO VIEW - NYS UNEMPLOYMENT WEEKLY BENEFITS FACT SHEET
You must meet the conditions set by law to receive unemployment insurance. You cannot receive unemployment benefits ifyou have less than the required work and wages to establish a claim. In addition, your employer can contest yourclaim. Some circumstances under which your claim may not be approved or might be contested by your employer are listed below.
For additional details on each of the items above and to review Frequently Asked Questions, please click on the respective links below.
CLICK HERE TO VIEW - ADDITIONAL DETAILS
CLICK HERE TO VIEW - CLAIMANT’S TOP FREQUENTLY ASKED QUESTIONS
If you are denied benefits, a Notice of Determination will be mailed to you telling you the reasons why. This notice will also explain for what period of time benefits are being denied, how to re-qualify and how to appeal the decision and ask for a hearing. Please be aware that you MUST file your appeal and request for a hearing ON TIME or you risk a dismissal of your appeal at the hearing.
A hearing is an informal proceeding held before an independent administrative law judge at the Unemployment Insurance Appeal Board ("UI Appeal Board").
CLICK HERE TO VIEW - UNEMPLOYMENT INSURANCE APPEAL BOARD WEBSITE
Based on the evidence presented at the hearing, the judge will decide whether you are entitled to or eligible for unemployment insurance benefits. At the hearing, you, your employer and any witnesses for either side may testify. The testimony will be recorded. Either side can also present papers or other physical evidence.
The more documentation and evidence you can provide to support your claim for unemployment benefits, the more likely you will be to prove your eligibility successfully. You should assemble any attendance records, time sheets, paystubs, notes, emails, human resources files, letters from supervisors andcolleagues, and any other supporting evidence of the legitimacy of your claim. Your employer will be required todo the same, and the appeals board will decide which claim will prevail.
Both parties are allowed to appeal the decision, and the appeals board will determine the outcome during a hearing. You will need to attend every meeting or have a written legitimate excuse. Otherwise, you risk losing your case.
Please note that to continue to protect your rights, you must continue to claim weekly benefits for any week in which you are unemployed, including throughout the appeals process, if applicable.
Tortorici Schwartz LLP's goal is to provide claimants who have a denied application or whose employer has contested their claim, with assistance during the next steps of the process. If you have been denied a claim or your employer has contested your claim, we encourage you to CONTACT US as soon as possible, and we will connect you to one of our attorneys.
