At Miletti Law®, we are the authoritative force in employment and labor law. We do not take it for granted that you, our unusually motivated® readers, take the time to read our trustworthy & distinctive content, which encourages us to continue educating and helping you to stay ahead of the game when it comes to the diverse legal and non-legal issues that affect you or your businesses. As usual, our content is featured as videos that are posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM.

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In that spirit, this blog introduces you to yet another video titled “5 Key Issues For Unemployment Benefit Eligibility” and which is accessible through the link provided at the end of this blog. As the title suggests, the content provided aims to provide you with key focal issues that are pertinent to the eligibility of unemployment benefits in New York.

By way of backdrop, we found it necessary to create this video in response to the communication made by New York’s governor, Kathy Hochul, regarding the ineligibility of residents to receive their unemployment benefits in the light of the strain created by the COVID-19 pandemic. Unfortunately, there has been a lot of misinformation going on since this communication was made because people understood and interpreted it differently. For instance, based on their interpretation, some people believe that Hochul stated that nobody is going to be entitled to the unemployment benefits anymore.

However, we would like to clarify that while Hochul did not say exactly that, this is not the case. Do not get confused or lost because, as usual, we have your back with the information you need to understand the current situation of eligibility of unemployment benefits in the state. However, before we delve into these issues, it is worth mentioning something in respect to the unemployment and labor law, which takes us a leap back to the content we have created before. As we have mentioned in our past blogs and videos, the New York Labor Law is clear about who should be eligible for these benefits and what criteria they should meet. This means that, in line with the criteria mentioned under issue one below, the directive is a form of protection for employees/individuals who meet this criteria, particularly for each week that they certify for benefits.

Another aspect to note is that this program is funded, partially by the federal government and through payroll taxes and deductions by employers and employees, irrespective of whether there is a pandemic or not. So, while these funds do not concern “COVID-19 unemployment benefits,” you should apply for them if you meet the criteria because it is meant for you.

That being said, let us now delve into the 5 key issues you must know in order to understand eligibility of unemployment benefits in New York.

Eligibility

Any person who is (1) unemployed through no fault of your own (your employer might have created a new situation/condition that didn’t exist before, making you get terminated), (2) physically able to work, (3) available for work, (4) ready and willing to immediately accept work, and (5) actively seeking employment currently is entitled and eligible to unemployment benefits.

However, as provided for under Section 511 of the New York Labor Law, some people are not eligible for unemployment benefits. Two of these who stand out are self-employed workers (i.e. independent contractors) and students who work for schools and under work study programs.

Disqualification

Disqualification is governed under Section 593 of the New York Labor Law. In general, you are disqualified from the unemployment benefits if (1) you leave your job voluntarily, but with no good cause, (2) you are discharged due to job-related misconduct, (3) you get convicted for a felony offence, (4) if you refuse suitable employment without good reason, and (5) you simply are not “able,” “ready,” and “willing” to work.

Term

Covered in Section 590 of the New York Labor Law, this issue concerns how long you are eligible for unemployment benefits. Generally, assuming that you meet the eligibility criteria discussed above, the term lasts for 26-week pay period or half a year. However, sometimes the term is extended based on other factors. For example, the governor is currently being pushed to extend it, which is highly like to happen. Further, note that there is a one-week waiting period. After you apply for the benefits, you should wait for at least one week for feedback, but it should not extend to more than two weeks. If they are late to respond, then your benefits will be backdated.

Implied Eligibility

There are situations where even if things seem vague on the outside, certain actions essentially qualify you as unemployed or eligible for unemployment benefits. For instance, let us assume that you are separated from employment in a permanent fashion or separated without leave, then you could be entitled to implied eligibility. Also, being on unpaid leave for a given amount of time could also trigger eligibility. Further, as covered in Section 523 of the New York Labor Law, this provision also holds if your employer believes that you are going to be out for more than 3 days of unemployment for any given week.

Who Files for Benefits

It is YOU, the terminated party or employee that has been blackmailed to have voluntarily resigned from a job, as it is for the cases of the case for nurses, who should start the initial application for eligibility of unemployment benefits. Just get some paperwork, apply, and wait for feedback on your eligibility of unemployment benefits.

We invite you to review our video at https://www.youtube.com/watch?v=C7K_2x01Kg8 and get it directly from the most #UnusuallyMotivated attorney in NYC.

We encourage you to stay tuned for our next installment and urge you to join the #UnusuallyMotivated movement!! In the interim, please reach out to us with questions and/or comments at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.