Effect of charges on UI rates

Benefit payments charged to an employer’s experience rating account may have the effect of increasing that employer’s UI rate in future years. When a former employee files for UI benefits and is determined eligible to collect benefits, the Department of Labor sends to the employer Form LO 400. This form gives the employer an early opportunity to verify that benefits are being paid to former employees.

If an employer is in a position to re‑employ a claimant, the claimant should be contacted directly. The claimant’s address will appear on the initial Form LO 400. The Unemployment Insurance Office or telephone claims center should be notified if the claimant refuses rehire or fails to report to work. The employer should supply: the date the claimant refused work or failed to report to work, the type of employment offered, and the wages offered for the position. The address of the office where the claim for benefits was filed is shown on Form LO 400. Offices are also identified on Form IA 96 under the heading Local Office . See Telephone claims center (TCC) .

An employment offer may be considered as acceptable to the claimant if the prevailing wage for similar work is offered, even if the amount is less than the claimant earned on the last job, or is less than the salary desired. After 13 full weeks of UI benefits are paid, the claimant may be required to accept employment that the claimant is capable of performing if the prevailing wage is offered and the pay is at least 80% (0.8) of the claimant’s base period high‑quarter wages.

If the employer believes that the claimant is not eligible for benefits, the employer should contact the Unemployment Insurance Office where the claim for benefits was filed. For examples of eligibility issues, see Conditions that affect eligibility for benefits .

If it is believed that benefits were improperly charged (for example, the claimant never worked for the employer), the employer should write to the New York State Department of Labor, Liability and Determination Section, W A Harriman Campus, Albany NY 12226 or telephone 518‑457‑2635. Provide the claimant’s name and SSN along with the reasons you believe the charges are incorrect.

If the employer believes that the claimant has been working at the same time benefits were paid, or has otherwise fraudulently collected benefits, the employer should write to the Department of Labor, Office of Special Investigation, Building 12, Room 200, W A Harriman Campus, Albany NY 12226 or call the 24-hour toll-free Fraud Hotline at 1-888-598-2077.