Unemployment

Question

A former employee who was fired for cause was denied unemployment benefits from DOL and has appealed the decision. Our board has been advised by our outside HR provider to not have contact with the former employee to make sure they don’t provide any support for the appeal or a legal claim. Is that a valid concern?

Answer

Yes, it is a valid concern.

Let’s break it down and explore why.

Once an employee is terminated—whether or not for cause—a former employer should have policies to govern the post-employment relationship.

At a bare minimum, these policies should address:


Question

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

Answer

Great questions!

Let's tackle[1] them:

Is this true?

Yes.  If you would like to look up the text of the law, which went into effect on November 13th, 2023, you can find it here: https://www.nysenate.gov/legislation/laws/LAB/590.


Question

Staff members have recently received documentation from NY State Dept of Labor regarding Unemployment Claims in 2020 which the paperwork implies they have made, but which they did not make. 

There is paperwork for the Library also "Unemployment Insurance Notice of Potential Charges" and a "Notice of Protest" with a monetary amount listed as a charge to the library. 

Answer

Question 1:

People throughout NY have been targeted.

Question 2:

Yes.