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".
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).