2016/02/05 09:54:21
Moshkito
Beepster
hrrrmmm... of course I'm no American but wouldn't the employer portion of unemployment benefit contributions be the type of thing you pay DURING the employees tenure based on their hours/wage? Not after they apply for bennies?
... 



That's what the employment taxes quarterly are for ... but these do not adjust like that much ... however, I am thinking that your is a statement for the upcoming quarters, and not a bill? A bill does not sound right, if you already paid your taxes and such. On the other hand, if a state has very different labor laws, I would think that your situation is a prime example of people cheating the system!
 
But yeah ... all the guy has to do is get a temp job, get removed a month later and he qualifies for unemployment? Hmmm ... make sure you record your conversations, so you can take them to an accountant and the like.
2016/02/05 10:10:52
57Gregy
Maybe he was getting paid under the table?
Offer to hire him back, if he was a good employee and you have space for him.
That's assuming things go against you somehow.
2016/02/05 10:44:34
smallstonefan
Sorry Sharke - these things suck.
 
Many years ago I got used to writing checks to attorneys and now just consider my monthly bill part of doing business. You can work with the department of labor and follow their process (which can be BIZARRE), but if you have an attorney it's (IMHO) always best to start there...
2016/02/05 13:26:20
sharke
Well the good news is he's apparently only going to be on unemployment for a month so if that's the case I don't think I'll be liable because I'm not charged for the first 7 weeks.

I just tried to call the NY dept of labor and as expected it was an absolutely horrible nightmare involving listening to one recorded message after another for 10-15 minutes. I didn't even get as far as speaking to someone before I hung up. First of all, the number they tell you to call on the notice I received is disconnected. So typical. So I called another number, the one meant for employees filing claims. I was fully expecting to be told by some clueless idiot that I was calling the wrong number and to call the disconnected one. But what actually happened was that even when I got to the option to speak to a representative, what followed was a series of unbelievably annoying recorded messages informing me of lots of stuff I wasn't calling about ("we are an equal opportunities employer." "If you are calling about X, then go to this URL and click on this link. If you are calling about Y, then go to this URL and click on this link" " Did you know that you can now file online at this link" etc etc ad infinitim. I went through multiple layers of menus offering me the chance to speak to someone and each time it led to another series of "FAQ" messages at the end of which was "press 9 to go to the MAIN menu," so I'd press 9 and select ONCE AGAIN to speak to a representative only to have to endure another series of "handy tips and info" which had nothing to do with what I was calling about. Not once did I actually hear a ringing tone like they were connecting me to a real person. This is why I hate government and why I'm a libertarian. Sorry to get political but government is just inherently crap. There, I've said it.
2016/02/05 13:29:20
sharke
smallstonefan
Sorry Sharke - these things suck.
 
Many years ago I got used to writing checks to attorneys and now just consider my monthly bill part of doing business. You can work with the department of labor and follow their process (which can be BIZARRE), but if you have an attorney it's (IMHO) always best to start there...


When I first started I didn't even have an accountant. Quickly realized what a false economy that was, lol!
2016/02/05 14:12:31
smallstonefan
I hear ya brother! :)
2016/02/05 15:23:42
slartabartfast
I think you may be misunderstanding the purpose of the notice you have received. Apparently Form LO 400, Notice of Potential Charges is a way for the Dept. of Labor to allow you to correct errors that might lead to your experience rating to change based on payment of benefits to a former employee who was not eligible to receive them, or to prevent your experience rating from being raised by benefits improperly charged to your account. It is not a bill for the benefits themselves, which are paid from the insurance fund. Your insurance premium amount is in part determined by how much the fund has paid to your unemployed former employees. If you have a bunch of them drawing benefits (your experience) your premium will increase. So if you can avoid having these benefits charged against your account, your premium next year will probably be lower. The actual money is not withdrawn from your account, but the bookkeeping debit will affect your experience rating and hence your premium in the future. "For every employer liable for contributions, an individual account is set up as a bookkeeping device for measuring the employerπs account percentage, which is used in determining the tax rate."  http://www.labor.state.ny.us/ui/PDFs/ia31812.pdf
 
Apparently you are being notified because your former employee is using his service with you to qualify for benefits, even though you are not his most recent employer. 
"Q: Why is there a charge to my account? An employee left my company some time ago under conditions that should disqualify them from receiving benefits.
A: We base a claimant’s eligibility to receive benefits on the reason for separation from the last employment prior to filing the claim. For claims effective January 6, 2014 or later, any employer may protest charges to its account based on a claimant’s reason for separation, such as misconduct or voluntarily leaving without good cause. We must receive the protest within 10 calendar days of the Notice of Potential Charges.
Charges to your account are correct if:
• You do not protest in a timely manner, or
• The reasons for the employee leaving were not disqualifying
For questions, contact the Telephone Claim Center at (888) 890-5090"
https://labor.ny.gov/ui/employerinfo/experienceratingfaq.shtm#0
 
2016/02/05 17:09:08
sharke
Ah right so I guess I have an "account" that tallies up everything they've claimed and that amount is used to determine my premiums? Cool beans! I'll still contest the charges based on the fact that he left voluntarily though. There is another very juicy detail to this story which I won't mention but is an epic act of chutzpah on the part of the employee. It's actually quite hilarious. Wish I could reveal it :(
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