Unemployment Help

[cgr]

I just came across the following in the NY employer handbook:

https://labor.ny.gov/formsdocs/ui/IA318.2.pdf
Claimant Who Continues to be Employed Part-time:
An employer’s account will not be charged for a claimant’s benefits if:
1. The claimant worked for the employer on a part-time basis
2. The part-time employment for that employer included work during the four weeks immediately before they filed the claim and
3. The claimant continues to work for that employer on a part-time basis without significant interruption and to the same extent as during the weeks immediately before they filed the claim

Does this solve the W2+SE issue where a boss would reject the W2 UI claim, but the claimant should ideally be eligible for PUA?
Perhaps if this is already written into the law, all PT employees who file W2+ SE claims were never going to affect their W2 employers rates anyway.
Question still remains on who foots the bill if there's no way to transfer to PUA? Does that make them ineligible or since they only have PT W2 work to begin with which the employer would never be responsible for, whoever would have been responsible if there was no SE income can be responsible now a well?

[tov hashem]

If you don't know who else should know!

[TBD]

I just came across the following in the NY employer handbook:

https://labor.ny.gov/formsdocs/ui/IA318.2.pdf
Claimant Who Continues to be Employed Part-time:
An employer’s account will not be charged for a claimant’s benefits if:
1. The claimant worked for the employer on a part-time basis
2. The part-time employment for that employer included work during the four weeks immediately before they filed the claim and
3. The claimant continues to work for that employer on a part-time basis without significant interruption and to the same extent as during the weeks immediately before they filed the claim

Does this solve the W2+SE issue where a boss would reject the W2 UI claim, but the claimant should ideally be eligible for PUA?
Perhaps if this is already written into the law, all PT employees who file W2+ SE claims were never going to affect their W2 employers rates anyway.
Question still remains on who foots the bill if there's no way to transfer to PUA? Does that make them ineligible or since they only have PT W2 work to begin with which the employer would never be responsible for, whoever would have been responsible if there was no SE income can be responsible now a well?

Btw if you are so scared about boss's denial, s/o just told me that last yr they fired an employee. he filed for UI, the boss denied it, However as you can expect in NYS the employee is always right

[cgr]

Btw if you are so scared about boss's denial, s/o just told me that last yr they fired an employee. he filed for UI, the boss denied it, However as you can expect in NYS the employee is always right

If the boss fired you, you have justifiable cause. The employer is only right if he's right. You can deny claims left and right but it doesn't mean anything if you can't back it up...
In this case we're taking about a case where the boss can (and should) rightfully deny.

[mgarfin]

I emailed Shelter Point to see what they say.

Good Morning,


Employees who receive a new hire date or are “re-hired” are treated like a new employee and must resatisfy eligibility.
 

Employees who are furloughed, not laid off but on a leave of absence, may not receive a new hire date upon return and are treated like existing employees upon return.

 

Best,

Lisa

[cgr]

Employees who receive a new hire date or are “re-hired” are treated like a new employee and must resatisfy eligibility.

 
FYI FFCRA is in effect til 12/31/20 and has a rehire provision. (it won't help you with maternity leave if that was the intention- it's for Covid related leave only).

[Abe100]

@ questions about the NYS beack cert docu sign

1) When claiming only part time unemployment, what are you suppose to answer? there is only an option for eligible (which says no days worked at all) or not eligible. Nothing for part time

2) Someone filled out not eligible by mistake when he meant to enter eligible. How can he fix it?

[cgr]

@ questions about the NYS beack cert docu sign

1) When claiming only part time unemployment, what are you suppose to answer? there is only an option for eligible (which says no days worked at all) or not eligible. Nothing for part time

2) Someone filled out not eligible by mistake when he meant to enter eligible. How can he fix it?

1) Unfortunately this is one situation the DOL didn't think of when they started sending out the DocuSigns... I've asked them several times for an answer on how those who are partially unemployed should respond- the answer: "we're working on it"- not very helpful I know... (you can see a tweet they sent to someone in this situation here: https://twitter.com/NYSLabor/status/1261052922173030400?s=20) Only thing to do is to wait and hopefully they'll roll out a fix for this soon.

2) Phone call. Good luck.

[Abe100]

2) Phone call. Good luck.

Thanks! What's the number to call?

[cgr]

Thanks! What's the number to call?

(888) 209-8124
You can email me at chaiplus1@gmail.com for a council members direct email- he can put you on the DOL callback list (it's not instant either- takes about a week to get the callback).

[cgr]

NJ Bank of America direct deposit unemployment delays:
https://nj.gov/governor/news/news/562020/approved/20200608a.shtml

[mgarfin]

In NY
When you get laid off does your former boss have to pay your UI?
Will it hurt them in any way long term

[cgr]

In NY
When you get laid off does your former boss have to pay your UI?
Will it hurt them in any way long term

Short answer:
He has to pay agree to your claim if you're laid off, and it might affect him.

Long answer:
He can't reject the claim unless it was a voluntary quit or fired with just cause.

Employers pay into the UI fund with every payroll- this is not optional and there's no way to recoup these taxes. When an employee files a claim the funds are deducted from the employers UI fund. If a particular employer's fund is severely reduced due to several layoffs in quick succession (like we're seeing now) their UI tax rate will most likely increase the following year. Once the fund is adequately replenished the rate drops again. Employers can also choose to make lump sum payments to keep their tax rate from going up.
Some states have announced that Covid related claims will not affect an employer's UI tax rate and no charges will be billed to the employer's fund. NY hasn't said anything on the matter, but I'd be surprised if they can afford such a move at this time.

You can read up more on employer rates here:
https://dol.ny.gov/unemployment-insurance-rate-information

Note that employers are not funding any part of the additional $600- that's all Federal funding.

If you had other employers in the last 18 months they might pick up part of the tab and only the first 7 weeks will be billed to your current employer (lots of detail to this on who has to contribute and if they can reject or not- regardless it doesn't affect you as long as you're eligible based on your current employer)

[mgarfin]

Thanks for the very detailed answer

I knew we pay in quarterly I just didn't understand that each business has its own UI fund.

Is there any way to see how much money is in the fund?

Also as an employer I have got a letter for an employee we let go in December, that we may have to pay staring week 7.

If it does meticulate that will I get another letter notifying me and I will be able to consider then if I can reject?

P.S. sometimes come across in this thread as an employee and sometime as an employer as I'm asking questions for me and my wife

[av83]

This  question is regarding partial Unemployment in NJ. If I understand correctly to be eligible must:
1. be working less than 80% of reg hours.
2. earning less than 72% of reg earnings (60%+20% of 60%=72%)

So if earning above the 72% in any given week even though hours were cut by 20%+ will not get a dime in Unemployment?
Can someone verify this.

[cgr]

Is there any way to see how much money is in the fund?

You can sign up for an online account and view your balance here: https://dol.ny.gov/online-services-employers-0

If it does meticulate that will I get another letter notifying me and I will be able to consider then if I can reject?

The letter you got is to inform you of (potential) upcoming charges, and should also includes a Notice of Protest. That gives you an opportunity to reject the claim if it was voluntary quit etc. You need to send that back ASAP to prevent charges.

Once you set up your online account you should be able to reject claims from there.

[etech0]

Short answer:
He has to pay agree to your claim if you're laid off, and it might affect him.

Long answer:
He can't reject the claim unless it was a voluntary quit or fired with just cause.

Employers pay into the UI fund with every payroll- this is not optional and there's no way to recoup these taxes. When an employee files a claim the funds are deducted from the employers UI fund. If a particular employer's fund is severely reduced due to several layoffs in quick succession (like we're seeing now) their UI tax rate will most likely increase the following year. Once the fund is adequately replenished the rate drops again. Employers can also choose to make lump sum payments to keep their tax rate from going up.
Some states have announced that Covid related claims will not affect an employer's UI tax rate and no charges will be billed to the employer's fund. NY hasn't said anything on the matter, but I'd be surprised if they can afford such a move at this time.

You can read up more on employer rates here:
https://dol.ny.gov/unemployment-insurance-rate-information

Note that employers are not funding any part of the additional $600- that's all Federal funding.

If you had other employers in the last 18 months they might pick up part of the tab and only the first 7 weeks will be billed to your current employer (lots of detail to this on who has to contribute and if they can reject or not- regardless it doesn't affect you as long as you're eligible based on your current employer)

Does that mean that all UI money (besides the $600) essentially comes from the employer?

[cgr]

So if earning above the 72% in any given week even though hours were cut by 20%+ will not get a dime in Unemployment?
Can someone verify this.

You can't earn more than PWBR (WBR+20%) regardless of how many hours you were cut.

72% is a neat calculation but that assumes absolutely no change in wages in the last 18 months so it might be oversimplifying things and might cause you to miscalculate.

[cgr]

Does that mean that all UI money (besides the $600) essentially comes from the employer?

Correct.
If you're the latest employer (responsible for 7 weeks) but you paid the employee 6X or less of what is being billed to your UI account, you can also contest to have some charges removed.

I'm not clear who picks up on rejected charges that don't disqualify the employee from collecting- perhaps that portion is funded by the state?

[Hiding]

You can't earn more than PWBR (WBR+20%) regardless of how many hours you were cut.

72% is a neat calculation but that assumes absolutely no change in wages in the last 18 months so it might be oversimplifying things and might cause you to miscalculate.

Does this change based on dependency benefits? Meaning if someone gets dependency benefits which ups the WBR to 67,71, or 75 percent, so will max weekly earnings go up to 80.4, 85.2, and 90 percent respectively? Obviously one would have to satisfy the 20 percent reduction in hours.