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finace person stating NY state pays for quit after 6 weeks?? New York

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  • finace person stating NY state pays for quit after 6 weeks?? New York

    edited thank you
    Last edited by denibeans63; 06-03-2012, 12:04 PM.

  • #2
    I think both of you misunderstand how it works. There are few if any absolutes in unemployment.

    For the most part, an employee who quits is not eligible for unemployment. But there are exceptions in every state, although the exceptions vary by state. For example, in my state if you quit because of an unanticipated child care issues, it is possible (not definite, but possible) that you can get unemployment. In California, if you quit because your spouse is transferred outside of a reasonable commuting distance, you can get unemployment. In many states, if you quit because you are being subjected to illegal harassment or discrimination, which has been reported and which the employer has failed to stop, you can get unemployment. This list is not all inclusive; it's just some of the ones that I can think of right off the top. It's by no means as simple as quit = no unemployment.

    Nor is it true that if an employer fails to contest, the employee will guaranteed get benefits. I have had employees turned down for benefits when I did not contest, because the reason their employment ended was a disqualifying reason. The state, and only the state, decides who does and does not qualify.

    In NY, if you are turned down for benefits, you will receive a notice as to the reason and for how long. I found nothing to say that you would automatically be granted benefits after 6 weeks, but I likewise found nothing to say that you could not be granted benefits after a time lapse, either.

    It boils down to this; the state will look at the specific circumstances of the specific case, and decide how the qualifying/disqualifying laws of the state apply.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Originally posted by denibeans63 View Post
      Pls help. I am constantly in battles with our finance person over HR related issues. Now she is telling me that when my staff member quits (he gave me 2 months notice b/c he wants to go back to school), he can get unemployment. I said he can't b/c he quit his job. She is saying in NY state that even if you quit you can get unemployment after a 6 week waiting period.

      I thikn she is confused. Anyone can apply for beneifts and it is up to the employer to argue if they disagree. is that correct? so if we don't file against his claim (if he claims), then he will receive.

      I have researched this same scenario for my husband who is working (exempt) 7 days a week, and 12 hours a day, and if HE can't quit and get unemployment how can my staff member???
      You and your CFO can debate the issue as much as you wish but who either of you thinks may or may not be eligible for unemployment benefits is irrelevant. The STATE decides who will receive UC benefits when someone makes a claim. All the employer can do is contest eligibility if they think the claimant is or should be ineligible for some reason (e.g. was fired for misconduct, quit voluntarily, etc.)

      In your situation and if your employee makes a claim, I would definitely tell the UC Division the employee quit voluntarily to return to school. The State will take it from there.


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