NYS law requires employers to provide to their employees, within 5 days of separation (including termination and resignation), a written notice of their separation date and last date of benefits (if any), and a completed Record of Employment (Unemployment Insurance Division form IA 12.3).
The Record of Employment provides the employee with information and instructions on how to apply for unemployment insurance benefits. The completed Record of Employment does not mean that the employee is eligible for unemployment insurance benefits; that will be determined by New York State if the employee were to apply.
Employers may access Form IA 12.3 here:
https://dol.ny.gov/system/files/documents/2021/02/ia12_3.pdf
If you have questions or concerns about onboarding and termination of employment, please contact Chaim Book at cbook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir at NZamir@booklawllp.com.
