If you are recently unemployed in New York State, you may be able to collect unemployment insurance (UI) benefits, depending on how and why you lost your job. Unemployment insurance eligibility is governed by specific rules established by the New York State Department of Labor (DOL), which means your employer does not determine whether you get UI benefits. In this blog we give an overview of requirements for UI benefits, how to file for benefits and what to expect after you file.

Not all applicants receive unemployment benefits and there are sometimes situations where an unemployment claim can lead to legal action on the part of the employee or the employer. In cases like these, or if you just need honest, expert  advice about unemployment insurance in New York State, consult Employment Attorney Raymond Nardo. 

Unemployment Insurance Requirements

Employment Status

Involuntary Separation from Employment:  To qualify for benefits, you must be unemployed through no fault of your own. Quitting your job voluntarily without good cause or being terminated for misconduct could disqualify you. Misconduct is generally considered to be an intentional act contrary to the employer’s interest.

Work and Earnings History

Base Period: You need to have worked during a defined base period. This typically involves the first four of the last five completed calendar quarters prior to filing your claim.

Sufficient Earnings: You must have earned wages in at least two quarters during the base period. Additionally, for 2024, you need to have earned at least $3,300 during the highest quarter and have a total base period wage of at least 1.5 times the amount of earnings in your highest quarter.

Availability for Work

 Able and Available to Work: You must also be physically able to work and actively looking for work. This includes being ready and willing to accept suitable work if it’s offered to you. If your employer, or the Commissioner of Labor, can prove that you were not ready, willing, and able to work during your period of unemployment (for instance, you were disabled), your benefits may be stopped.

Registration with the State

Filing a Claim: You must file a claim  for unemployment insurance benefits with the New York State Department of Labor. Timely filing is important, as delays could affect your eligibility or the amount of benefits you receive. It is important to file your claim during the first week of partial or total unemployment since a delay in filing for benefits could result in a denial. For assistance filing an unemployment claim, the insurance claimant advocate office is available. Assistance received through this office is not a substitute for professional legal assistance.

Ongoing Certification:  Once you’ve filed and your claim is favorably determined, you must certify your unemployment status weekly. This involves answering questions that confirm you’re still eligible and haven't refused any suitable work offers. If you fail to certify, you may not receive benefits for that workweek. 

Fraud: If you provide false information or withhold pertinent information while applying for or claiming weekly UI benefits, it is considered fraud. You may be liable for a 15% cash penalty or a $100 fee on the overpayment of benefits. You will also have to pay back the money you received and forfeit future days of UI benefits and the DOL may refer your case for criminal prosecution.

After You File

Initial Determination: The Department of Labor will issue an initial determination about your eligibility for benefits. If the employer or employee disagrees with the Department of Labor’s initial determination, either side can request a hearing before an Administrative Law Judge (ALJ), who will adjudicate the issue after hearing testimony from both parties.

Hearing: At the hearing, the ALJ will hear sworn testimony from both sides, and any relevant witnesses, and consider any relevant documents, before rendering a written decision which will be mailed to the parties. If the case involves a claim of voluntary leaving, the employee usually testifies first. If the case involves a claim of misconduct, the employer’s witnesses usually testify first. The employee should forward any relevant documents to the New York State Department of Labor’s Unemployment office before the start of the hearing. All pertinent materials should be on hand for the hearing, which is usually done by Webex video conferencing or by phone. 

Appeal: If either party is dissatisfied with the decision of the ALJ, that party can appeal by submitting a written statement to the [Unemployment Insurance Appeal Board](https://uiappeals.ny.gov/), who will then decide to uphold or reverse the decision of the ALJ. 

Conclusion

If you believe you have been wrongly denied unemployment insurance benefits, contact Attorney Raymond Nardo for a consultation. Attorney Nardo can give you his assessment of your situation, determine if you have been the victim of unlawful conduct, and determine what to do about it. For more than 30 years, Employment Attorney Raymond Nardo has represented employees and employers for wage and employment related claims, sexual harassment, whistleblower claims, and nearly all other employment claims. He practices extensively in Federal Court, New York State Court, the EEOC, and the New York State Division of Human Rights. Consult Attorney Raymond Nardo ) for professional legal advice on the unemployment insurance related claims.