Q: The employee left my company some time ago under conditions that should disqualify the employee from receiving benefits. Why am I now getting charged?
A: If the claimant earned five times the benefit rate after a voluntary separation from you but before filing the claim, the reason for separation from your employment would have no bearing on whether the employee was eligible for benefits. However, even though your former employee may be eligible, your account may not be chargeable if there was a previous disqualification based on a voluntary leaving of employment. You should notify the Telephone Claims Center about the prior disqualification. If the separation was due to the claimant’s misconduct, the wages may not be used in the claim, and your account would not be chargeable. You should notify the Telephone Claims Center regarding any misconduct separation.
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Q: This employee did not work for me long enough to qualify for unemployment insurance benefits. Why are we being charged?
A: The claimant had other employment which was also used to establish the claim. The earnings of all base-period employers are combined to arrive at the benefit rate.
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Q: The claimant only worked for us on a part-time basis. Why are we being charged?
A: The law does not distinguish between full-time, part-time and temporary employment for unemployment insurance purposes.
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Q: We just bought this company. This claimant worked for the prior owner. Why are we being charged?
A: When you acquire a business, the experience of the prior owner's account is transferred to your account, including charges based on benefits paid to the former owner's employees.
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Q: This claimant worked for us almost two years ago and left us to work in another state. Why are we being charged now?
A: The claim was filed in another state under the Interstate Plan for Combining Wage Credits, an agreement between several states, including New York, that permits claimants to use employment in more than one state to establish a benefit claim. Claims are subject to the laws of the state where they are filed. We receive quarterly billings from the paying state for New York’s share of benefit payments, and we then charge the account of the New York employer.
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Q: The amount of money we are charged seems disproportionate to what we paid. Why is this?
A: The account of the last employer the claimant worked for before filing the claim is charged for the first seven weeks of benefits. Thereafter, benefits are charged to the accounts of base-period employers in the same proportion as wages paid by each employer to the claimant during the base period bear to the total base period wages.
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Q: The claimant worked for us during weeks for which we were charged at the full benefit amount. What should we do?
A: Contact the Telephone Claims Center identified on the Notice of Experience Rating Charges and on the LO 400, Notice of Entitlement and Potential Charges.
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Q: The claimant had worked for us on a full-time basis and now works part-time. Why are we charged?
A: Partial benefits can be paid for any week when the claimant works no more than three days and earns no more than the maximum benefit rate, which is currently $405.
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Q: Does the "week ending" notation mean period of employment or unemployment?
A: Unemployment. For unemployment insurance purposes, a week begins on Monday and ends on Sunday
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Q: My business is no longer in operation. Why is it still being charged?
A: Even though your account has been closed, you will continue to receive charge notices for your review if benefits are paid to your former employees.
If you have work available for a claimant, contact the claimant directly (the claimant’s address is printed on the front of the LO 400, Notice of Entitlement and Potential Charges). If the claimant refuses the job or does not report to work, please write to us at P.O. Box 15130, Albany, New York, 12212-5130, or fax to 518 485-7377. You should include the following information: the date the claimant was to start or the date he or she refused the job; the kind of work offered; the hours and days there was work available; the rate of pay; who offered the job; if the claimant refused the job what reason was given and on what date.
If you have other questions about a claimant's right to receive benefits, you can write to us at P.O. Box 15130, Albany, New York, 12212-5130, or fax to 518 485-7377. You can also call the telephone claims center listed on the LO 400, Notice of Entitlement and Potential Charges. The telephone number appears in the upper left-hand corner of that form.
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Q: I have questions or concerns regarding a claimant that is charged against my account.
A: Questions or concerns such as the following:
Should be sent in writing to:
NYS Department of Labor
Unemployment Insurance Division
Liability and Determination Section
P.O. Box 15122
State Office Building Campus
Albany, NY 12212-5122
Fax 518 485-6172
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