Exceptions to the general charging formula

Misconduct. A claimant who was discharged for reasons that constitute misconduct under the UI Law may not use wages earned with that employer to establish a claim for benefits. If an employer fails to respond timely and adequately to Form LO 400, or any request for information about the UI claim of a former employee, the employer may not be relieved of charges to their account.

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. If an employer fails to respond timely and adequately to Form LO 400, or any request for information about the UI claim of a former employee, the employer may not be relieved of charges to their account.

Work-release program. An employer’s account will not be charged for benefits that are based on work done by a claimant as part of a work‑release program while the claimant was an incarcerated individual of a correctional institution, providing the work‑release employment was terminated solely because the incarcerated individual relocated to another area as a condition of parole or voluntarily relocated to another area immediately after being released from the correctional institution.

If you have questions concerning charges to your account based on a discharge for misconduct, leaving employment without good cause, or work-release issues, write to the Unemployment Insurance Office where the claim was filed providing details, including a copy of any relevant determination issued by the Department of Labor. The office address appears on the initial Form LO 400. Also see Telephone claims center (TCC) .

Claimant who continues to be employed part-time. An employer’s account will not be charged for a claimant’s benefits if:

The claimant worked for the employer on a part‑time basis;

The part‑time employment for that employer included work during the four weeks immediately preceding the filing of a claim; and

The claimant continues to work for that employer on a part‑time basis without significant interruption and to the same extent as during the weeks immediately preceding the filing of the claim.

Combined wage claims. Under the Interstate Plan for Combining Wage Credits, a claimant who has covered employment and earnings in more than one state that participates in this plan may have the claim determined on the basis of combined employment and earnings in all participating states. The claimant’s entitlement to benefits is then determined under the laws and regulations of the state in which the claim for benefits is filed.

New York State, as a participant in the Interstate Plan for Combining Wage Credits, transfers remuneration under the New York State UI Law to other participating states and also accepts employment and earnings covered under the laws of other participating states to be combined for the purpose of determining the claimant’s entitlement to benefits. The paying state then periodically bills each participating state for benefits paid to the claimant in the same proportions the claimant’s earnings in each state bear to the total earnings used to determine the claimant’s entitlement to benefits. Benefits charged to New York State under the Interstate Plan for Combining Wage Credits are then charged to the experience rating accounts of the New York State employers.

New or corrected wage information. If an employer fails to respond timely and adequately to Form LO 400, or any request for information about the UI claim of a former employee, the employer may not be relieved of charges to their account. In most cases, adjustments to benefit rates or experience rating charges will be prospective as of the date the information was received by the Department. However, the adjustments will be retroactive to the beginning of the claim if the new information results in a higher benefit rate.