It really does sound hinkey though. Like an error or a scam.
 
Like maybe they are trying to charge you because the person (or the government) made an "error" and are trying to apply the higher wage contributions from their new job to their time with you.
 
As in with you they made say $15 per hr for a year. At the other gig they made $30 per hour for 3 months. Now the claim being made is you were paying $30 per hour as well so they think you didn't pay the full contribution.
 
Something dumb like that.
 
 
Either way... good luck.

Sounds to me like he wasn't at the new place long enough to qualify, so he listed you.  Then they saw that you hadn't made UI payments on him for a while ...
 
 

Sharke, I also own a business here in NY. Read the notice carefully. If your payroll has been done correctly, you've been paying into the Unemployment Fund all along. You shouldn't have to come up with any money.
 
If he left your company voluntarily and it wasn't due to a reduction in hours or change in job duties, he's not entitled to the benefits. Read the notice again and you should see a list of questions regarding his start date and last day of work and wages when he left. You have the right to dispute his claim in the explanation area of the notice. You can PM me with any questions. I've been down this road more than once.

I don't think he has to "list" anyone to be honest - they already know who he's worked for and when because of the payroll contributions his employers make of his behalf. When you hire someone new in NYC the first thing you have to do is go to the NYC.gov website and report your new hire - basically entering all of their personal details and the date at which you hired them. I think this may be a case of the cement truck company having lied to the Dept. of Labor by saying that he quit their job - I would have thought that laying someone off for the winter was a classic scenario by which you'd have to pay their unemployment. 

Gotcha. Not sure about NYC, but up here and employee has to be employed for 6 months with the same employer to receive benefits if he's fired or laid off. You might be right about the cement company trying to pull a fast one.
 

Randy P
Sharke, I also own a business here in NY. Read the notice carefully. If your payroll has been done correctly, you've been paying into the Unemployment Fund all along. You shouldn't have to come up with any money.
 
If he left your company voluntarily and it wasn't due to a reduction in hours or change in job duties, he's not entitled to the benefits. Read the notice again and you should see a list of questions regarding his start date and last day of work and wages when he left. You have the right to dispute his claim in the explanation area of the notice. You can PM me with any questions. I've been down this road more than once.

This ^^^^
 
Especially the bolded part.

Leaving Employment Without Good Cause: An employer’s account will not be charged if:
A claimant voluntarily left employment for reasons that did not constitute good cause, provided the employer responds in a timely and adequate manner to Form LO 400, Notice of Potential Charges.
 
https://labor.ny.gov/formsdocs/ui/IA318.2.pdf
 
This does sound like he voluntarily left your employment (not eligible to collect on your insurance at all) and did not have enough time with his new employer to qualify. Can you prove that he worked for another employer after he left you, and that was the sole purpose for leaving? Do you have any reason to believe he had "good cause" to leave your employment? There are more good causes than you might imagine. 
https://www.labor.ny.gov/ui/aso/Section_1600.htm
 
It looks like you may have received a notice that your future premium may increase based on this employee's claim, but that is a lot different than being assessed a charge to settle the claim. The only time I would expect you to be billed is if you were in arrears on your premium payment or you were being charged a penalty of some sort. At any rate ACT AT ONCE as you typically forfeit the ability to contest these issues in a very short time. If you just let it go, it will probably not be fixable.

Randy P
Gotcha. Not sure about NYC, but up here and employee has to be employed for 6 months with the same employer to receive benefits if he's fired or laid off. You might be right about the cement company trying to pull a fast one.
 

I employed him for about 7 years, but leaving was totally voluntary. He was offered a job that paid more and he took it. 

craigb

Randy P
Sharke, I also own a business here in NY. Read the notice carefully. If your payroll has been done correctly, you've been paying into the Unemployment Fund all along. You shouldn't have to come up with any money.
 
If he left your company voluntarily and it wasn't due to a reduction in hours or change in job duties, he's not entitled to the benefits. Read the notice again and you should see a list of questions regarding his start date and last day of work and wages when he left. You have the right to dispute his claim in the explanation area of the notice. You can PM me with any questions. I've been down this road more than once.

This ^^^^
 
Especially the bolded part.

 
Well here's where it gets complicated. My employees are on piece work, so the pay fluctuates from month to month. But they know this going in. No change in job duties. My god I wish I could do the whole independent contractor thing because it just seems a lot less complicated, lol....however I know someone in the same business as me who did the IC thing for years and eventually the city came down on him like a ton of bricks. 

slartabartfast
Leaving Employment Without Good Cause: An employer’s account will not be charged if:
A claimant voluntarily left employment for reasons that did not constitute good cause, provided the employer responds in a timely and adequate manner to Form LO 400, Notice of Potential Charges.
 
https://labor.ny.gov/formsdocs/ui/IA318.2.pdf
 
This does sound like he voluntarily left your employment (not eligible to collect on your insurance at all) and did not have enough time with his new employer to qualify. Can you prove that he worked for another employer after he left you, and that was the sole purpose for leaving? Do you have any reason to believe he had "good cause" to leave your employment? There are more good causes than you might imagine. 
https://www.labor.ny.gov/ui/aso/Section_1600.htm
 
It looks like you may have received a notice that your future premium may increase based on this employee's claim, but that is a lot different than being assessed a charge to settle the claim. The only time I would expect you to be billed is if you were in arrears on your premium payment or you were being charged a penalty of some sort. At any rate ACT AT ONCE as you typically forfeit the ability to contest these issues in a very short time. If you just let it go, it will probably not be fixable.

 
Wow that's a long list! 
 
He left in July of last year and was working with his new employer immediately from that date. The letter isn't a notice of future premium increases, it is a notice of potential charges which runs into the thousands of dollars. An unemployment claim runs to potentially 26 weeks - they are basically telling me that I owe nothing for weeks 1 thru 7 (since I wasn't his last employer), but that I have potential charges for weeks 8 thru 26. This suggests to me that they know he was employed by someone else, but that they feel I am at least in part responsible for some of his unemployment. Hopefully I'll be able to fix that by filing an objection based on his having quit voluntarily. I will see tomorrow. 
 
Thanks for your advice guys! Nice to know other people have been through this crap.