I worked in homecare, the client is now deceased. Prior, i wanted to leave for another job but my employer asked me to stay on. He died in September and i was given a bonus and later applied for unemployment but unemployment do not want to pay me. We are

My client died and i was given a bonus payment, i later filed for unemployment and was denied. Prior, i was going to leave and my employer promised to give me this bonus so im shocked now that unemployment do not want to pay. They have now decided for us to go in front of a judge, how do i prepare

1 answer  |  asked Dec 17, 2015 1:48 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
"Homecare" is not a specific occupation. However, New York's Domestic Workers Bill of Rights, according to our Department of Labor, states:

Insurance Coverage
You may also be covered by unemployment insurance (UI). If your employer pays a total of $500 or more in quarterly wages, he or she must register and pay the contributions for UI coverage for you. It does not come out of your pay. This means that if you lose your job through no fault of your own, you may be eligible to receive payments to replace part of your income while you look for a new job. To find out more about UI and what it means to you, go to the Department of Labor’s UI web page. Please note that unlike the other legal protections described here, UI is only available to workers who are legally authorized to work in the United States.

Assuming that you are legally authorized to work in the U.S. and assuming that your employer paid you a total of $500 or more in quarterly wages you should recover benefits. Bring proof of your legal status to work here (U.S. or other passport, NYS ID card, green card, I-9, etc....) and cancelled checks, bank deposit statements, or estimated tax payments to IRS which clearly reflect that you earned at least $500 or more every quarter from the deceased to the judge. Bring originals and 2 copies of all the documents to the hearing. Do NOT miss any hearing date because you generally only get two chances to show up for a hearing.

posted by V Jonas Urba  |  Dec 17, 2015 2:20 PM [EST]

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