New York State law requires that almost all employers provide unemployment insurance coverage for situations where a worker becomes temporarily unemployed through no fault of their own. Temporary income benefits can be paid to a worker where he or she gets furloughed, laid off, the employer relocates, or for any other reason the worker becomes unemployed. The only exception is that unemployment benefits are not payable if the reason for the loss of the job was through the fault of the employee. This often becomes an issue where there is a disagreement between the worker and the employer. In fact, we often find ourselves advocating the position of the worker at hearings required by law. We have a proven track record of success. Unfortunately, we often find that employers will fight Unemployment Insurance claims brought by workers attempting to claim the reason for the unemployment was the fault of the worker. Often, it is more complex than whether somebody was fired or simply quit. At Collins and Collins, we solely abdicate on behalf of the worker, and do not represent employers under any circumstances.
In order to collect benefits, you must be ready, willing, and able to work, and actively looking for work during each week in which you are claiming benefits. This means that unemployment benefits are not available to workers out of work because of an injury, whether it happened at work or outside of work. If it happened at work, then Worker’s Compensation benefits would generally be available. That is an entirely different system. Also, if an injury happened outside of work, then the active disability may be available. Again, that the different system from Unemployment Insurance.
To qualify for Unemployment Insurance benefits, you must have worked and earned enough wages in covered employment. In New York State, employers pay contributions that fund Unemployment Insurance. Therefore, this is not something that is permitted to be deducted from your paycheck. Generally, Unemployment Insurance benefits will last 26 weeks. If you have any questions at all about benefits you may be entitled to, please give us a call for a free consultation.