by Jen
(New York)
I’ve been at a company for six years in NY. I am very unhappy there and have recently been offered a new job. With the economy the way it is I worry that if something happens at new job and I lose it, that I wont be able to collect.
I have been told the benefits get kicked back to the previous employer and they will have to pay the Unemployment.
I guess the question arises because I was also told you have to be at a new job for 6 months before you are eligible for benefits.
Any information would be appreciated.
Best,
Jen
Hi Jen,
Perfect time to ask the question!!
First, here are the links to the resources I used to explain the answer Click the current year.
New York Interpretation Index (section Voluntary Quit 1700)
New York’s base period or the period of time your wages are looked at to determine your weekly benefit amount is the first 4 of the last 5 COMPLETED quarters relative to the date a claim is filed. NY also has an “alternative base period for those not able to monetarily qualify with the above base. The alternate is the last 4 completed quarters preceding the filing date.
It’s important to understand the controlling separation for an unemployment claim is the “last employment”, but your question is valid because any previous employment is also determined due to “disqualifications” for separations found to be without good cause.
The second link I referred you to will help you understand if your quit is with or without good cause.
For the sake of argument .. let’s say it isn’t.
If you take the new job and find yourself separated from it and it is determined the reason for separation was not your fault the State of New York’s Dept of Labor will then look at the previous employment.
If they find that the voluntary quit was without good cause they will then look to see if you “purged” or “served” the disqualification. Disqualifications vary widely from state to state.
New York’s disqualification is that you must work at least 3 days in at least 5 weeks and that you must have earned at least 5 times your weekly benefits amount. This is one of the lighter disqualifications.
Who pays? I don’t go into this much because it’s even more complicated and confusing and varying .. and I by no means, posess a firm grasp on tax issues.
The unemployment taxes that employers pay go into different “funds” or accounts. Most states have a “general” fund. Benefits that statutes allow the employer to be non-charged for benefits come out of this fund and have no effect on the employer’s tax rate. And that’s all I’m going to say about that:)
Let me know if I didn’t answer all you wanted to know.
Chris