Sunday, September 13, 2009

A NOTE TO THOSE WHO HAVE BEEN DENIED UNEMPLOYMENT INSURANCE BENEFITS

You've been denied unemployment insurance benefits because your employer alleged misconduct, voluntary separation, or some other reason. You plan to appeal. But to protect your rights for benefits, you must appeal and also continue to claim weekly benefits for any week in which you are unemployed. Otherwise, when you appeal, and you win, you may forfeit payment of those weeks you did not file after you received your adverse Notice of determination. Claim your weekly unemployment benefits online using WEB-SERVICE. You may also use a touch-tone telephone or a telephone with a pulse/tone switch by calling TEL-SERVICE at 1-888-581-5812 for New York State residents or 1-888-864-9920 for out of state residents. Requirements for the filing of original and additional claims, reporting and certifying to unemployment at the local insurance office, and reporting to the employment service, are contained in the Unemployment Insurance Law, Section 596, and in the Commissioner of Labor's Regulations 40, 41, 42and 43. Although terminology in the Law and regulations varies, the filing of an original or additional claim is customarily referred to as compliance with registration requirements; reporting to the local insurance office (in person or by mail) to certify to a period of unemployment, and to the employment service as directed, are customarily referred to as compliance with reporting requirements.
Failure to comply with registration or reporting requirements may be excused by the Commissioner of Labor if good cause is shown. But my quick review of the Appeals Board cases show that rarely due they excuse a failure to claim weeklybenefits.

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