Wednesday, August 6, 2014

NEW YORK UNEMPLOYMENT INSURANCE - CAN EMPLOYER CONSENT TO INELIGIBLE REQUEST FOR BENEFITS - CONT PART 12

Continuing with the DOL notice "Important Notice to Employers - How to Keep Your Unemployment Insurance (UI) Costs Down" - the following has some items highlighted:

"4. Provide separation notices to employees.
You must give written notice to any employee who is terminated from employment. This notice
is required regardless of the reason for separation or whether it is a temporary or permanent
separation. You must provide this notice on a Record of Employment (IA 12.3) or a form
approved by the Department. It must include:

Employer’s name

New York State Employer Registration Number

The address to send the Notice of Potential Charges (LO 400)

A statement that tells the employee to have the form available when filing a claim for
benefits
You may print a supply of Record of Employment (IA 12.3) forms from our web site,
www.labor.ny.gov (follow the forms and publications link), or request approval of your own form
from the Liability and Determination Section. This form helps ensure that notices and requests
are mailed to you promptly and correctly and experience rating charges are accurate."

I had discussed this form earlier - it should be noted that it states:

"Employee: Keep this certificate. Have it with you if you apply for Unemployment Insurance (UI) benefits. This certificate shows that your job was insured. It does not necessarily mean you qualify for benefits. The UI Claims Center will make that determination if you apply."

Thus, this can be construed as a warning to employees that even if you were advised by your employer that they will consent to UI benefits, the DOL may make an adverse determination.

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