Q: Why is there a charge to my account? An employee left my company some time ago under conditions that should disqualify this person from receiving benefits.
A: We base a claimant’s eligibility to receive benefits on the reason for separation from the last employment prior to filing the claim.
Q: This employee did not work for me long enough to qualify for UI benefits. Why is there a charge to my account?
A: The claimant had other employment that was also used to establish the valid claim. The last employer the claimant worked for, before filing a claim for benefits, is charged for the first seven weeks of benefits paid to the claimant. The remaining weeks of benefits charged to employers are prorated among all of the base period employers the claimant worked for.
Q: The claimant only worked for us on a part-time basis. Why is there a charge?
A: The law does not distinguish between full-time, part-time, seasonal, probationary or temporary employment for UI purposes.
Q: We just bought this company. This claimant worked for the prior owner. Why is there a charge to my account?
A: The claimant worked for the prior owner whose business you acquired. By law, you are chargeable for benefits paid to the prior owners' former employees.
Q: This claimant worked for us almost two years ago and left us to work in another state. Why is there a charge now?
A: The claim was filed in another state under the Interstate Plan for Combining Wage Credits. It is an agreement between several states, including New York, which permits claimants to use employment in more than one state to establish a benefit claim. Claims are subject to the laws of the state where they are filed. We receive quarterly billings from the paying state for New York's share of benefit payments. Then we charge the account of the New York employer.
Q: The amount of money we were charged seems to be more than what we paid. Why is this?
A: We charge the first seven full weeks of benefits to the account of the claimant's last employer before filing the claim. After that, we charge benefits to the accounts of base-period employers proportionally. Charges are in proportion to the ratio of wages each employer paid the claimant during the base period to the total base period wages.
Q: The claimant worked for us during weeks for which we were charged at the full benefit amount. What should we do?
A: Please respond to the IA 96 Notice of Experience Rating (or Benefit Reimbursement Charges) within 30 days of the Notice to indicate the correct number of days the claimant worked for each week that is incorrect on the notice.
Q: The claimant had worked for us on a full-time basis and now works part-time. Why is there a charge?
A: Partial benefits can be paid for any week when the claimant works no more than three days and earns no more than the maximum benefit rate. This is currently $504.
Q: My business is no longer in operation. Why is there still a charge?
A: Even though you closed your account, you will continue to receive charge notices for your review if we pay benefits to your former employees.
Q: What happens if I am late in responding to a notice of potential charges or a questionnaire, but it was not my fault?
A: An employer must respond timely and with adequate detail to our requests for information in order to be relieved of charges for benefits paid to employees who are later determined to be ineligible for benefits.
Q: How many days will I have to respond to a request for information that you send me?
A: The Department of Labor must receive your response within the number of calendar days specified in the written or verbal request. We recommend that you respond via fax. We also encourage you to look into the State Information Data Exchange System (SIDES) system, which allows you to respond to our requests for information electronically. For more information about SIDES, please check our website at www.labor.ny.gov/ui/employerinfo/sides-overview.shtm.
Q: Do employers get a second chance after the first time that their response to a request is late and/or insufficient?
A: Under certain circumstances, employers will not be relieved of charges a second time unless the response was late because of a Department of Labor error or the President or Governor has declared an emergency or disaster and the cause of the delay is directly related to the emergency or disaster.
Q: How will the Department of Labor determine if the information is adequate?
A: Most requests for information relate to the reason(s) your former employee(s) lost employment, but there may be others. For your response to us to be considered adequate, it must:
Thanks for the feedback! It will help us improve your experience.