In NYS is there a statute of limitations for filing for unemployment if you left your job due to lack of work?

If an employee left our company 2 years ago can they still file for unemployment from us? Is there a statute of limitations for this type of thing?

1 answer  |  asked Apr 6, 2017 12:11 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
An employee qualifies for benefits under a base or alternate base period.

https://labor.ny.gov/formsdocs/factsheets/pdfs/p832.pdf

If you look at the bar graph it looks like you would not be included in either period. Call DOL if you think you could.

Unemployment is about earnings and the timing of those earnings. Lack of work is a valid reason to collect unemployment benefits. Poor performance also usually qualifies. Insubordination and misconduct (with proper notice to the employee of course) often result in denial of benefits.

posted by V Jonas Urba  |  Apr 6, 2017 1:15 PM [EST]

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