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The whole system is rigged against small businesses IMO. We pay these huge taxes and then when we actually need to contest a fraudulent claim it takes months to get through to anyone at NYS Department of Labor. Meanwhile our rates keep going up because of claims we shouldn't even be charged for!
For what it's worth, you can also appeal your experience rating if you think it's incorrect. I had to do this once when claims from a previous business acquisition were incorrectly attributed to our account. The process isn't fun but it's possible to get adjustments made. Just make sure you have good documentation of your payroll and employment records. The key is understanding that the system is meant to be self-balancing - employers who rarely have claims subsidize those who have more frequent layoffs.
That's really helpful to know about the appeal process! I didn't realize you could challenge your experience rating. Do you remember roughly how long the appeal took to resolve? And did you need to hire a lawyer or were you able to handle it yourself? We might be in a similar situation with some claims that don't seem right.
Yes, there are separate penalties for late filing and late payment with NYS Department of Labor. Even if you file your quarterly report on time, you'll still face interest charges and penalties if you don't pay the taxes owed by the deadline. The interest rate is set by the state and compounds daily, so it adds up quickly. I learned this the hard way when I had a cash flow issue one quarter - filed on time but paid a week late and got hit with both interest and a penalty fee. It's worth setting up automatic payments or at least calendar reminders to avoid these extra costs.
That's a really important distinction about separate penalties for filing vs payment! I'm just getting started with handling payroll myself and want to avoid any costly mistakes. Do you happen to know what the typical penalty percentage is for late payment, or does it vary based on how late you are? Also, when you mention automatic payments, can those be set up directly through the NYS Department of Labor system or do you need to go through your bank?
For penalty specifics, NYS Department of Labor typically charges 1% per month for late payments (with a minimum penalty) plus daily compound interest that's adjusted periodically. The exact rates can change so check their current penalty schedule. As for automatic payments, you can set them up through the NY.gov online services portal once you have your employer account established - look for the "Online Services" section on the DOL website. You'll need your employer registration number to access it. I'd recommend calling them to confirm the current penalty structure since rates can shift annually, and having that direct confirmation helps with your budgeting planning.
This is really helpful information about the penalty structure and online payment setup! I'm curious about the employer registration process itself - how long does it typically take to get set up with NYS Department of Labor once you submit your initial application? I want to make sure I have enough lead time before my first quarterly filing deadline. Also, are there any common mistakes new employers make during the registration process that could delay getting the account established?
I went through this same situation a few months ago - also got denied for "misconduct" when I was actually laid off due to company restructuring. I ended up hiring a lawyer and it was worth every penny. The attorney knew exactly what evidence to request from my former employer and how to present my case. We won the appeal and I got all my back benefits. If you're worried about cost, many lawyers will work on contingency for unemployment cases or offer payment plans. Don't let your employer's false misconduct claim stand - fight it!
This is really helpful to know! I'm definitely leaning towards getting a lawyer now, especially hearing that you won and got your back benefits. Do you mind me asking roughly how much the legal fees were? And when you say "contingency" - does that mean they only get paid if you win the case?
Yes, contingency means they only get paid if you win! My lawyer charged 25% of the back benefits I received, which seemed fair since I wouldn't have gotten anything without their help. The total fee ended up being around $800 but I got over $3,000 in back unemployment payments, so it was definitely worth it. Some lawyers also do flat fees for unemployment appeals - I got quotes ranging from $500-1500. The key is finding someone who specializes in employment law and has experience with NYS Department of Labor hearings specifically.
I'm in a similar situation and have been researching this myself. One thing I learned is that NYS has legal aid organizations that offer free or low-cost help with unemployment appeals if you qualify based on income. The Legal Aid Society and some local bar associations have programs specifically for unemployment cases. Also, if you do decide to represent yourself, make sure to request all the documents your employer submitted with their misconduct claim - you have a right to see their evidence before the hearing. The fact that your termination letter mentions budget cuts should work strongly in your favor. Document everything and don't be afraid to ask the hearing officer to clarify anything you don't understand during the process.
This is great advice about the legal aid organizations! I didn't know NYS had specific programs for unemployment appeals. @Axel Far do you happen to know how to find these local bar association programs? I ve'been searching online but having trouble locating the right resources. Also, when you mention requesting the employer s'documents - is there a formal process for that or do I just ask during the hearing? I want to make sure I m'following all the proper procedures.
Just file the claim and let them sort it out. Better to apply and potentially get denied than not apply at all. You can always appeal if they make the wrong decision initially.
This happened to my coworker a few months ago and she got her benefits without any issues. The important thing is documenting everything - keep copies of your resignation letter with the date you submitted it and your intended last day, plus any emails or texts about them telling you to leave early. NYS Department of Labor will want to see that timeline clearly. Also, don't worry about mentioning your future job start date - you're entitled to benefits for the gap period between jobs as long as you're available to work during that time.
This is really helpful advice about documenting everything! I do have my resignation email saved with the original date I submitted it, and I screenshot the text message my manager sent telling me not to come back. Should I also try to get something in writing from HR about why they decided to end my employment early, or is what I have enough?
Zoe Stavros
Keep in mind that if you do qualify for a new benefit year, your weekly benefit amount might be different since it's calculated from your most recent wage history. Also make sure you're still meeting all the job search requirements even between claims.
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Alejandro Castro
@Mateo Sanchez - I went through this exact situation about 6 months ago. First thing you should do is log into your my.ny.gov account and check your "Benefit Year" dates - it'll show when your current benefit year ends. If it's been a full year since you first filed, you might be eligible for a new benefit year if you worked enough during that time. The key is whether you have sufficient wages in quarters that weren't used for your original claim calculation. Even if you only worked part-time or had a brief job during your benefit year, those wages could potentially qualify you for a new claim. Don't give up - many people don't realize they might be eligible for a second benefit year!
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Anita George
•@Alejandro Castro This is exactly what I needed to hear! I just checked my benefit year dates and it looks like my original benefit year is ending next month. I did work for about 3 months part-time during my benefit period, so hopefully those wages will count toward a new claim. Did you have any issues with the timing - like do you have to wait for your benefit year to completely end before filing the new claim, or can you file right away after exhausting your 26 weeks? I m'worried about having a gap in benefits while waiting for the new claim to process.
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Zara Rashid
•@Alejandro Castro @Anita George I just went through this process last month! You can actually file a new claim as soon as your benefits are exhausted - you don t have'to wait for the benefit year to end. The key thing is that NYS looks at your base period "wages, which" are typically the first 4 of the last 5 completed quarters before you file. So if you worked during your benefit period, those wages will likely fall into a new base period for your second claim. Just make sure you have enough wages to meet the minimum requirements. When I filed my new claim, my weekly benefit amount was actually higher because my recent part-time work counted toward the calculation. The processing time was about the same as my first claim - roughly 2-3 weeks.
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