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JPEsq
JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5103
Experience:  Experience as both corporate in-house counsel and private counsel
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I m currently unemployed, and claiming benefits. Counsel

Resolved Question:

I m currently unemployed, and claiming benefits. Counsel to my past employer has stated in a Hearing that only the last 3 of my 15 years of employment are, quote "valid". Is that true?
Submitted: 1 year ago.
Category: Employment Law
Expert:  JPEsq replied 1 year ago.
Are you referring to unemployment benefits? And if so, in which State?
Customer: replied 1 year ago.

The question arose in a a hearing in NY to determine whether I was an employee or cousultant. I have lots of documents which show I was acting as an employee from 1995 right through till 2010. Counsel for my employer has declared the period from 95 - 06 "irrelevant".

Expert:  JPEsq replied 1 year ago.

Thank you, XXXXX XXXXX helps.

 

Yes, the attorney is correct in this case. Your "base period" eligibility is what matters. In order to be eligible for unemployment benefits, the NY DOL looks at the last five calendar quarters that you were employed, and uses the first 4 only. So if you filed your claim in June of 2012, for example, your base period would be January of 2011 through March of 2012 (only an example).

 

I don't know why years after 2006 would be relevant to this attorney, unless the claim was filed in 2007 or 2008, or unless there was a change in your employment status at that time.

 

See here: http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm

 

That said, if you were an employee then, and no change was made in your status, years prior to 2006 could be relevant-- but not for earnings, just to show that nothing changed. You would not need many years to show that though.

JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5103
Experience: Experience as both corporate in-house counsel and private counsel
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