Unemployment Benefits

[momof2boys1girl]

What is the name of your state?NY, Albany

Hi, I do not know much about UE and I have never filed before now. First I'm wondering is this something that the state pays the employee, or is it something the business pays?
I recently filed for UE from a job I took as a nurse then was removed from the nursing position within 4 days due to "mis communication and the over-hiring of nursing staff" and moved to front desk, which I am too over qualified for. I agreed to do that position (w/pay cut) until a new nursing job opened up, they did and others got the position before I knew they were even available. So after new nurse #4 was hired, I placed my notice in. They called me in and said that .they were upset I would not stay at the front desk due to the turnover rate for that dept. and if I wouldn't stay in that position then they want me to leave at that minute, no the notice given. So I left. I have already been notified via NYS that I am eligable for the benefit due to the circumstances. Which at that point the employer I guess has requested a hearing, I recieved a copy of her letter of why she wants a hearing: she thought I was happy at the front desk, and me putting my notice in had my fellow employees at the front desk very upset b/c we were very close and that me staying my notice days would cause more issues than help. So the NYS letter says a date will be given to me. So I want to know what that means, what happens at a hearing, do I need a lawyer, I'm only to get $250 per week, so I dont think an attoney would be worth it. Also, is a hearing like a court? Is this something I will need to "take the stand" who will be there for the employers side? Any help is appreciated.

 

[cbg]

is this something that the state pays the employee, or is it something the business pays?

Every month, the state pays the UI office a tax which equals their unemployment rate times the amount of their payroll. When enough employees apply for benefits, the rate at which the employers are taxed goes up. Therefore employers do not want to have employees who do not qualify for benefits, receiving them, since it can directly affect how much they have to pay. However, the employer does not mail the checks to the employee. Those checks are made out and sent to the employee by the state.

I have already been notified via NYS that I am eligable for the benefit due to the circumstances.

You're quite lucky. In the very large majority of cases, when you quit you don't get benefits.

the employer I guess has requested a hearing,

They have that right under the law. If you had been denied benefits, you would have the right to request a hearing.

So I want to know what that means, what happens at a hearing,

Your employer tells their side of the story; you tell yours, and the adjudicator makes a decision. Generally you will not get the adjudicators decision until a few days later, at least in my experience.

do I need a lawyer,

No. These hearings are specifically set up so that you don't need a lawyer.

is a hearing like a court?

Not in the sense you mean. You and a representative from the employer will be in a small, stuffy room with a table. You and your employer's representative will sit on one side of a table, the adjudicator will sit at the other, and you'll just talk to each other. Since your employer is bringing the action (i.e. is the one who requested the hearing) they will go first.

Is this something I will need to "take the stand"

No. You'll just sit at a table and talk. This isn't Law and Order . It's not a hearing in the sense that you'll have to be sworn in or anything like that.

who will be there for the employers side?

There's no way for us to know that. Probably someone from HR.

Hope this helps.

 

[Beth3]

Every month, the state pays the UI office a tax which equals their unemployment rate times the amount of their payroll. I think you meant to say the employer pays the UI office a tax...

 

[cbg]

You're quite right; I do.

I re-wrote that sentence and evidently didn't get it entirely turned around.

 

[pattytx]

And I think you meant the payment is made quarterly, but hey, I didn't want to make it pick-on-cbg-day.

 

[cbg]

It's monthly in my state. At least it used to be.

 

[Starry809]

or could be like mine... telephone hearing, all parties on speaker phone in the judges presence and we WERE all sworn in. (like the judge could see us raise our hands lol. and I bet my employer didnt raise his hand)

is this something that the state pays the employee, or is it something the business pays?

Every month, the state pays the UI office a tax which equals their unemployment rate times the amount of their payroll. When enough employees apply for benefits, the rate at which the employers are taxed goes up. Therefore employers do not want to have employees who do not qualify for benefits, receiving them, since it can directly affect how much they have to pay. However, the employer does not mail the checks to the employee. Those checks are made out and sent to the employee by the state.

I have already been notified via NYS that I am eligable for the benefit due to the circumstances.

You're quite lucky. In the very large majority of cases, when you quit you don't get benefits.

the employer I guess has requested a hearing,

They have that right under the law. If you had been denied benefits, you would have the right to request a hearing.

So I want to know what that means, what happens at a hearing,

Your employer tells their side of the story; you tell yours, and the adjudicator makes a decision. Generally you will not get the adjudicators decision until a few days later, at least in my experience.

do I need a lawyer,

No. These hearings are specifically set up so that you don't need a lawyer.

is a hearing like a court?

Not in the sense you mean. You and a representative from the employer will be in a small, stuffy room with a table. You and your employer's representative will sit on one side of a table, the adjudicator will sit at the other, and you'll just talk to each other. Since your employer is bringing the action (i.e. is the one who requested the hearing) they will go first.

Is this something I will need to "take the stand"

No. You'll just sit at a table and talk. This isn't Law and Order . It's not a hearing in the sense that you'll have to be sworn in or anything like that.

who will be there for the employers side?

There's no way for us to know that. Probably someone from HR.

Hope this helps.

 

[momof2boys1girl]

So any advice for me since I have no clue on what to expect?? I explained before what had happened, she blames it on a man who is no longer with the company either, he walked out and he was the HR person. So I dont know what happened there. She explains in her letter to the state that since me being there was causing issues w/ the other employees it would be better for me to just leave then instead of leaving after my notice was filled. But they were only upset b/c I was leaving, we were very close and worked well together, and I stay close with them even now. No one was causing any scenes, or crying, or antyhing, we had patients and we were checking patients in for appointments.

The HR person who actually hired me as the nurse, after I was switched to the front desk was no longer my supervisor, but she is the one who has asked for a hearing, so she may be the one there. So she was with me the first 4 days after that she has no idea what happened on that floor where I was working daily, she never did meetings with us there or anything, and each time I asked to be switched to a nurseing opening I was told she would in time. (which never came)
Regardless, any pointers is appreciated!

 

[Beth3]

You don't have to prepare to be Perry Mason at the UC Hearing. An administrative law judge will run the proceedings, ask questionsof both parties, and give each party an opportunity to make any statements or comments at the end of the hearing. It's a very simple proceeding.

 

[momof2boys1girl]

So the letter I recieved from NYS addressed to me and the HR manager who requested this hearing that says "the employee is eligable for UEB due to the fact in both testomonies explain that although she put a notice to quit, you let her go before her noted date, therefore the UEB applies to her" does this mean the same thing, that it's the rule. So I don't understand what she can show that would prove otherwise? Any ideas? Sorry I'm just nervous