As we all know, losing your job is a horrible feeling.  Luckily, New York through the New York Department of Labor, requires that all employers have unemployment insurance for employees who qualify.  This means that employees who lose their jobs through no fault of their own and are now seeking new employment will be provided monetary unemployment benefits while they look for a new job.  In addition to monetary benefits, employees can also utilize job training, interview training, resume workshops, and job search facilities provided by the New York Department of Labor.

 Applying for and being granted unemployment benefits NYC, however, is not always easy and oftentimes the employer will not voluntarily offer to pay the unemployment benefits owed.  Many times an employer may deny the unemployment benefits, and so what should have been an easy process now becomes contested, and the employee must now have an unemployment hearing and fight for their unemployment.

Furthermore, there are several technical and legal terms that may be confusing, and if one is applying for unemployment and they are unaware or have no knowledge of what the terms are or how they are used, they stand at a disadvantage and their chances of their unemployment benefits being denied by the unemployment office increase drastically.  These terms include Benefit Rate, Benefit Year, Alternative Base Period, Extended Base Period, and Base Period.  This is not an exhaustive list and there are other Terms that need to be known.

Generally, in New York, unemployment benefits can be denied under the following fact patterns:

Misconduct on your behalf.  This means that you were terminated for violating a company policy, procedure, or rule.  It can be due to insubordination, absenteeism, or having an argument or dispute with your employer or coworker.

  • Voluntarily quit your job.
  • You are no longer employed due to any strike going on in the company in the last 49 days against some collective agreement.  Although you may not be directly a part of the protest, you will not be eligible for unemployment insurance benefits.

 You will want to consult with an experienced New York unemployment attorney to determine if you qualify for unemployment benefits through the New York Department of Labor.  Every case is different and brings along its own unique fact pattern and special set of circumstances.  Even if you fall into a fact pattern that commonly would be considered black and white and suggest that there is nothing that can be done, an experienced attorney will be able to determine if that is actually the case.  If, for example, you voluntarily quit your job, which is normally grounds for being denied unemployment benefits, an experienced attorney may be able to perform a proper analysis and determine an exception or valid reason for you voluntarily quitting that would enable you to still qualify for unemployment benefits.

Being out of work is rough and you’ll want to have unemployment benefits so that you’ll be able to support yourself and your family while you look for a new job.  You need to consult a knowledgeable attorney who deals with unemployment law to help you get your benefits.

Do you have questions about unemployment or have been denied your benefits?  We would love to hear from you.