Experienced New York Lawyers Advocate for Your Rightful Unemployment Benefits

Fighting for the unemployment benefits you need to bridge the gap between jobs

In recent years, New York unemployment insurance laws have undergone significant changes. Unemployment Insurance Reform for Employers legislation in 2013 and 2014 has changed the requirements for employers, and the benefits offered to employees. These changes have led to some confusion among New York employers and led to situations that negatively impact employees.

At Hepworth, Gershbaum & Roth, PLLC, our New York employment lawyers advise employees on all matters relating to unemployment insurance. Our knowledge of unemployment insurance laws and recent reforms allows us to help employees pursue the benefits they are entitled to.

What is unemployment insurance?

Unemployment insurance is a benefit paid to individuals in an effort to help ease the financial burden of a job loss or inability to gain employment. Paid weekly, the benefit is based on your most recent salary and other factors, including your employment history.

Who is entitled to unemployment insurance?

Employees who lose their job through no fault of their own may be eligible for unemployment benefits. This includes employees who:

• Lost employment due to voluntary or involuntary lay offs

• Lost their jobs following the closing of a business

• Have been terminated without cause

In order to qualify for benefits, you must also have worked and earned a minimum amount of wages in covered employment. This means that you must be able to demonstrate a history of employment and income qualifying under the program. It is also important to remember that you must be willing and able to work and maintain an active search for employment to continue receiving benefits.

What do I do if my request for unemployment insurance is denied?

Many applicants are initially denied unemployment benefits, even when they are qualified. If you have been denied, you have the right to appeal the decision. Before doing so, it is important to identify the reasons driving the denial. The most common reasons an unemployment insurance claim may be denied, include:

• Lack of eligibility: Individuals who do not meet the requirements for eligibility are usually denied benefits. When filing a claim, it is important to identify and address any factors that may impact your eligibility.
   

• Missing information: Many claims are initially denied due to a lack of information, or improperly filed documentation. Providing the maximum amount of information possible and ensuring that your claim is filed properly are important steps in your search for benefits. 
   

• Employer appeals: In some cases, an employer may disagree with a former employee’s account of their termination or separation. The employer has the right to appeal any benefits offered to a former employee, and may do so to manage the costs of their unemployment insurance coverage. If the employer can prove that the employee’s actions led to their termination, or that the employee provided false information on their benefits application, the claim may subsequently be denied.
   

• Severance packages: Many employees who are offered high-value severance packages may not be immediately eligible for unemployment benefits. This applies to packages that exceed the value of the employee’s available unemployment benefits.

Discussing your denial with an attorney may help streamline the appeals process and improve your chances of obtaining the unemployment benefits you are entitled to.

Discuss your unemployment benefit concerns or denial with a leading New York employment law attorneys

The New York employment lawyers at Hepworth, Gershbaum & Roth, PLLC leverage decades of legal experience to support employees during their search for unemployment benefits. To schedule a free consultation to discuss your unemployment benefit concerns with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.