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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I was fired in New York more than a year ago. Recently was

Customer Question

I was fired "for cause" in New York more than a year ago. Recently was laid off from next job. Can I be denied the unemployment insurance ?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That depends on your more recent job and the basis for leaving it. If you were laid off, and it was a true job as an employee (not an independent contractor), then what matters is how much of that year that you've been gone from the previous job did you work?

You have to have worked enough to receive 10 times what your weekly benefit would have been (so, if your weekly benefit would have been $200, you have to earn at least $2000 to undo the disqualification) if you hadn't been disqualified. Once you've done that, they have to look at what you earned during that time frame for "base period" purposes. Your unemployment would be based on the earnings from that new job.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 7 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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