New York, NY asked in Employment Law for New York

Q: Am I eligible for unemployment insurance?

I am a teacher who was laid off. I have a ten month contract paid over 12 months. The contract stipulates the last day of employment is 6/16/20, but I will receive my last paycheck on 8/21/20. The principal has said the summer paychecks are technically money owed to us for services rendered, and that we are unemployed and should file. We've gotten conflicting messages from our HR rep. Am I eligible for UI?

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1 Lawyer Answer
Sarah Elena Gold
Sarah Elena Gold
  • Albany, NY
  • Licensed in New York

A: It is my understanding that the claim will be denied until the dismissal pay period ends, and you will be then forced into creating a new claim. You will be considered unemployed when you no longer receive that paycheck. This would be a similar instance if you were receiving severance pay.

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