Most people want to work and earn income, so it can be devastating to lose your job through no fault of your own. However, companies often go through tough financial times, and as a result, they may need to lay off employees. Some employees are let go due to wrongful termination, however, which is illegal.
This can be a hardship for employees, but the good news is that they may be able to qualify for financial assistance in the form of unemployment benefits. Unemployment benefits provide temporary income for workers who have been laid off from their place of employment. Workers who are laid off for economic reasons, such as a store closure, lack of work, or reduction in workforce are eligible. If you were fired, you may or may not be eligible, depending on the reason.
To be eligible, you must have earned enough money in wages. You must also be ready, willing, and able to work. You will have to look for work each week if you are receiving benefits.
How do I File an Unemployment Claim?
These benefits are not automatic. You must apply for them, and you should do so as soon as you lose your job. The easiest and most convenient way is to file a claim online here. You will need a NY.gov ID. You will also be asked to provide your Social Security number, mailing address, and phone number, as well as information about your employment for the past 18 months. You can also file a claim via telephone by calling 1-888-209-8124. Note that there is a one-week waiting period.
Can I be Denied Unemployment Benefits?
Not everyone who loses their job is entitled to receive unemployment benefits. There are some situations in which an applicant can be denied. For example, you will generally not receive compensation if you were fired for misconduct. Misconduct may include theft, refusing or failing a drug or alcohol test, committing a crime or violating safety rules.
You could also lose benefits after being approved. For example, if you fail to look for work, turn down work, or are caught working and receiving unemployment benefits, your benefits could be terminated.
Can I File an Appeal?
If your claim has been denied, not all hope is lost. If you disagree with the decision, you have 30 days to request a hearing. To do so, mail in an Employer Request for a Hearing form. List specific facts as to why you are challenging the decision.
Contact a New York Employment Law Attorney
A worker who is laid off from a job is typically eligible to collect unemployment benefits in New York. If your employer is preventing you from getting the benefits you deserve, make sure you seek legal help.
It is important to have some sort of income while you are in between jobs. The employment law attorneys at Ricotta & Marks, P.C. can help you with the process of obtaining unemployment benefits. Schedule a free consultation today. Fill out the online form or call (347) 464-8694.