Can An Employer Stop My Request
What if any former employer tries to prevent me from asking for a hearing or an appeal?
According to the Labor Law, no one has the right to interfere with your claim for benefits. To file a complaint, call 888-4-NYSDOL and choose the option for Labor Standards or ask to be connected to the Labor Standards Division.
How Do I Ask For A Hearing
How do I ask for a hearing if I am a Claimant?
Hearing requests must be in writing. Speaking to a representative on the phone is not the same as a hearing request. You should be specific about the determination you disagree with to make sure everything that you disagree with is included in your hearing.
NYS Department of Labor
How do I ask for a hearing if I am an Employer?
Submit your request for a hearing to Unemployment Insurance Division, PO Box 15131, Albany, NY 12212-5131. Employer Request for Hearing forms are available online at .
You are required to provide a detailed explanation of the events which you believe are the grounds for denying benefits to the claimant.
Is there a deadline for requesting a hearing?
I filed a hearing request and did not receive anything in response.
Claiming Your Weekly Ui Benefits
To claim UI benefits, say claims or press “1”.
After you press option “1,” the system will ask you a series of questions to verify your eligibility for benefits for the prior week. Listen carefully to the questions. Follow the instructions for responding. The responses you speak or the numbers you press tell the system your answer. If you are not sure what to say or which number to press, do not respond. The system will repeat the question twice. If you do not respond by the third time, it will end your call and you will have to call again.
The system will repeat your answers and ask you to confirm that your responses are right. If the information is incorrect, the system will advise you to say “no” or press “2”. The system will repeat the questions again so you may correct your answers.
At the end of the weekly certification, if you say “yes” or press “1,” you are certifying that the statements are true and correct, that you are not claiming benefits during any period while you were outside of the United States, a US territory or Canada, and you understand that the Law provides penalties for false statements.
Reminder – If you get disconnected or hang up the telephone before the system advises you that your claim has been entered for processing, your claim will not go through. You will have to call again to certify for your benefits.
Read Also: How To File Taxes With Only Unemployment
How Do I Get My Benefits
WARNING: Use of a Virtual Private Network , proxy, or internet anonymizer service will cause problems with your ability to apply or certify for benefits. Turn these services off before applying or submitting a weekly certification.
It is best to apply for unemployment insurance online in the hours of 7:30AM – 7:30PM.
- Telephone filing hours are as follows:
- Monday through Friday, 8:00 am to 5:00 pm.
If you file by phone, we offer translation services. Use your phone keypad to enter the number for the language you choose. A voice recording will offer you these choices: English, Spanish, Russian, Cantonese, Mandarin, Creole, Korean, Polish, All other languages
Hearing Impaired
Have your helper call the Telephone Claims Center at 1-888-783-1370.
TTY/TDD
For more information, see our fact sheet: Helping a Claimant with Unemployment Insurance.
NY State Unemployment processes most claims with out any issues. Generally, Unemployment Insurance will pay your first payment in two to three weeks. Some claims however, will require a Claim Review to collect information needed to process the claim. If contacted, you should respond to all questions, surveys, messages, or phone calls as quickly as possible. Failure to do so will delay your claim or could result in denial of benefits.
Online Services For Employers
Use the employer online services portal to:
- View your Unemployment Insurance Employer Information Page
- Apply for Shared Work – see the information below
- Enroll in SIDES E-Response to respond electronically to requests for unemployment insurance information
- File a NYS 45, Quarterly Combined Withholding, Wage Reporting and Unemployment Insurance Return
- Upload a Wage Reporting File
- File a NYS-1, Return of Tax Withheld
- Report a Change of Address online
- Assign an Online Services Filing Representative
- Create an Account to Provide Filing Agent Services
You May Like: How Much Is Unemployment In Illinois 2022
Before You Apply For Unemployment Frequently Asked Questions
The best way to file a new claim for unemployment insurance is through our improved online filing system. This is only for new claims.
If you already have a claim, please go to labor.ny.gov/signin to make weekly certifications or to view your claim information.
Following the expiration of New York States COVID-19 State of Emergency, the Unemployment Insurance unpaid waiting period rule is once again in effect. New Unemployment Insurance claims filed on and after June 28, 2021 will include an unpaid waiting week.
What Is A Hearing
What is a hearing?
A hearing is a proceeding held by a neutral Administrative Law Judge for the purpose of getting the facts to decide if a determination made by the Department of Labor is correct or not. Hearings are held over the phone. At the hearing, the claimant and the employer may give testimony and present documents in support of their positions. Sometimes, a representative from the Department of Labor will also be at the hearing.
Don’t Miss: When Will Ga Get The 300 Unemployment Benefits
Continue To Certify For Benefits
Should I continue to certify for benefits while waiting for the hearing?
Yes. If you are seeking benefits, you should continue to certify for benefits, both before and after the hearing, or if you appeal to the Appeal Board or to the Court. If you fail to certify you could lose your benefits. You should follow all instructions you receive from the Unemployment Insurance Office.
Managing Your Account: Payment Histories And Methods Questionnaires And Address/phone/name Changes
11. How do I check my payment history and/or payment status?
For a complete record of your Unemployment Insurance benefit payments, sign in to your online account at www.labor.ny.gov/signin. On the My Online Services page, click on “Unemployment Services,” then “View Payment History.”
You can also call our Tel-Service line at 581-5812. Follow the prompts to check your payment history and payment status.
12. How do I change my benefit payment method?
For security reasons, changes from a debit card to direct deposit or direct deposit to a debit card can only be done online. Sign in to your online account at www.labor.ny.gov/signin and click on “Unemployment Services” on the My Online Services page. This brings you to the Unemployment Insurance Benefits Online page. Click on “Payment and Tax Withholding Options,” and “View/Print 1099G” button. Follow the directions to change to direct deposit or cancel direct deposit and receive your benefits via a debit card. If you are changing to direct deposit, be sure you have a check handy, since you will need important numbers from the check. Be sure to enter your checking account information accurately and print a copy of the Direct Deposit Information Review page for your records. Allow five business days for changes to take effect.
For more information, please see Chapter 3 of the claimant handbook, “Receiving your benefits: Your PIN, NY.gov ID, direct deposit and the direct payment card.”
15. What should I do if my name changes?
You May Like: When Will Indiana Reinstate Unemployment Benefits
Online Services For Individuals
if you experience issues logging in with your NY.gov username and password. You can also certify for weekly benefits with our automated phone system by calling 833-324-0366 or 888-581-5812 .
To file a Shared Work claim or to certify for weekly benefits, please sign in to your account below or create a new account. If you are not a Shared Work participant, and you need to file a new claim, please go to unemployment.labor.ny.gov to file your first claim for unemployment insurance benefits.
WARNING: Use of a Virtual Private Network , proxy, or internet anonymizer service will cause problems with your ability to apply or certify for benefits. Turn these services off before accessing online services. If you cannot turn off your VPN please call 1-888-209-8124 to apply for benefits or 1-888-581-5812 to certify for benefits.
The Unemployment Claimant Benefit Process
- To collect regular unemployment insurance benefits, you must be ready, willing, and able to work.
- Anyone calling from Department of Labor will verify their identity by providing: the date you filed your application and the type of claim.
-
If you are eligible, your first payment will generally be made in two to three weeks from the time your claim is completed and processed. In some cases, we must get additional information before payment can be made and your first payment may take longer. We use this time to review and process your application for benefits. You will not receive benefits during this period. This is why you may see your claim status as pending.
- New Yorkers who are receiving Unemployment Insurance benefits are eligible for up to 26 weeks of benefits.
Also Check: How Do I File Taxes On Unemployment
When Will The Hearing Happen
How soon after I make my request will the hearing take place?
Hearings are generally scheduled two weeks after the Appeal Board receives the hearing file from the Department of Labor. Hearings are generally held within 30 days after you make the request.
Can I request my hearing for a certain day or time?
Hearings are scheduled Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. . You cannot request a specific day or time. If there is a specific date or time that you are unavailable for a hearing, you should include this information in your request for a hearing with an explanation of why you are unavailable.
I need to change the date or time of my hearing.
If you need to change the date or time of your hearing, you can contact the hearing office at the number at the top of the Hearing Notice. The Administrative Law Judge will rule on your request.
If your request is denied, but you are unable to go forward with the hearing at the scheduled time, you can still apply to reopen the hearing after you get the default decision.
Nygov Id Frequently Asked Questions
For the best performance with this application, please use one of these browsers:
- Microsoft Internet Explorer 11+
- Learn how to clear your browser cache if you experience issues logging in with your NY.gov username and password.
- Send a Secure Message: This factsheet describes how to use your online services account to send a secure message to the Department of Labor and how to attach documents to your message.
- Guide 1: You need to reset your password and/or unlock your account
- Guide 2: You have a previous or current unemployment insurance claim, and you already created an NY.gov ID, but not with the Department of Labor
- Guide 3: You do not have an NY.gov ID, and you have no previous or current unemployment insurance claim
- Guide 4: You have created an NY.gov account at another NYS agency, such as DMV, and you have no previous or current unemployment insurance claim
- Guide 5: You have created an NY.gov ID, but not with the Department of Labor, and you received a message telling you your email address is already in use
- Guide 6: You have a completed initial unemployment insurance claim on file with UI Benefits, and you do not have an NY.gov ID
Please see the list of frequently asked questions below. If you still need assistance after reading the FAQs, please call 1-800-833-3000 Monday through Friday 8:30 a.m. to 4:30 p.m. Eastern Time to speak to a representative at the DOL Contact Center. A representative will reply to your phone or email message during business hours.
You May Like: How Can I Get Unemployment
If I Get Another Determination
What if I get another Notice of Determination after I have asked for a hearing?
If you receive a new Notice of Determination after you asked for a hearing, read the instructions provided on the notice carefully. You may be required to make a new hearing request on any additional determinations you disagree with. Follow the instructions on the Notice of Determination about when and how to ask for a hearing.
If you are not sure if you need to file a new hearing request, you should file a new request to make sure your rights are protected.
Online Services For Individuals Appslabornygov
If you are not a Shared Work participant, and you need to file a new claim, please go to unemployment.labor.ny.gov to file your first claim for unemployment insurance benefits. WARNING: Use of a Virtual Private Network , proxy, or internet anonymizer service will cause problems with your ability to apply or certify for benefits.
preview
Former Governor Cuomo enacted a law that provides benefits including sick leave, paid family leave, and disability benefits to New York employees impacted by the mandatory or precautionary orders of quarantine or isolation due to COVID-19. These benefits do not have an expiration date.
preview
Go to www.labor.ny.gov/signin. Enter your NY.gov username and password. Click the Unemployment Services button on the My Online Services page. Then click Certify to Claim Your Weekly Benefits Here and follow the instructions.
preview
If you are living and/or willing to look for work in the state of New York, you may also file your claim by calling the Telephone Claims Center at 1-888-209-8124 during regular business hours. Otherwise, you should contact the Out of State Residents Office at 1-877-358-5306 to file your claim.
preview
preview
preview
preview
Also Check: How Do I Get My Tax Form For Unemployment
How Do I Use Docusign
How do I know what to do?
If you received the form, we also sent you an email in advance detailing the instructions and outlining what to look for. Please check your email & review that email before finishing the form we sent you via DocuSign.
Do I need to create a DocuSign account to sign my form?
No, you do not need to create a DocuSign account to sign or enter information into a document that has been sent to you.
When I click Finish, I stay on the same screen. How do I Finish?
- Check for any required fields which are not complete. If you click the Next or Fill In tab in the left margin of the signing screen, DocuSign will navigate you to any required fields or signatures you have yet to complete.
- Make sure text is entered in the correct format. If you click Finish and DocuSign navigates you to a required field that is already filled in, hover your mouse over the field. If a note with red text appears, this means the text you entered is not in the correct format. Follow the instructions in red to format your text per the specifications.
Can I finish signing my document later?
Yes, you can finish the process later by clicking the Other Actions menu and selecting Finish Later. Alternatively, you can just close the browser. The document will not be completed until all required information is provided and the Finish button is clicked.
Does DocuSign work on a smartphone or tablet?
Yes, DocuSign will work on both a smartphone and a tablet.
If You Disagree With Our Determination: Requesting A Hearing
16. I received a decision in the mail from the Department of Labor that I disagree with. What can I do?
If you disagree with any determination that denies you benefits or affects the amount of benefits you can receive, you have the right to request a hearing. The hearing will be held before an impartial Administrative Law Judge.
You can request a hearing through your online account at www.labor.ny.gov/signin. Sign in to your account and click on the envelope icon on the My Online Services page. Then, from the drop-down choices:
- Select “Hearings and Appeals” as the first subject line. Then:
- Select “I want to request a hearing” as the second subject line.
If you do not have an online account with us, please see Chapter 3 of the claimant handbook: “Receiving your benefits: your PIN, NY.gov ID, direct deposit and the direct payment card” for instructions on how to set one up.
You may also make your request in writing, sign it and mail it to:
NYS Department of LaborPO Box 15131Albany, NY 12212-5131
*Important: Your online or mail request must be made or postmarked no later than 30 days from the date of the determination notice that you disagree with. If your request is after 30 days have passed, you must state why your request is late. Include your full name, the last four digits of your Social Security number, the mailing date of the determination, and the reason you disagree with our decision in your request.
17. What is a UIPL and where can I find them?
You May Like: Will Unemployment Pay For My Cdl
