Faultlessly Unemployed

• New York unemployment benefits require you be unemployed through no fault of your own. Essentially, the reason for your job separation must not be attributed to you or something associated with you. So if your employer lays you off due to reasons associated with business, operations or finances, you can still collect payments.
  
  

Layoffs Versus Firing

• Sometimes claimants get layoffs confused with other types of job terminations. However, when an employer lays you off, he’s doing so for reasons other than your behavior. Firings usually occur after some negative event that was caused by you. This might include frequent absences, continuous lateness or insubordination. Firings make you ineligible for New York unemployment, while layoffs won’t.
  
  

Employer Verification

• Some claimants think they can receive benefits even if they were fired instead of laid off. However, when you apply to the DOL for unemployment, the agency will verify the details of your claim. It will contact your former employer to find out why you were separated from your job. New York employers’ payroll taxes are determined in part by how many of their former employees collect unemployment. Your former employer will therefore share any information it has regarding your job termination, making you ineligible for benefits.
  
  

Proving It

• If your former employer claims that you weren’t laid off, you may have show proof that you were. This can be written communication from your employer, such as a dismissal notice, a letter or an email. You may also have to gather notarized statements from coworkers or other witnesses that can verify your dismissal.