If my employeer has me a month behind in payments/salary, can I file for unemployment

A) Likely, yes, you can file for unemployment benefits if your employer is behind in paying your salary for a month. In most states, not being paid on time constitutes a constructive discharge, which means you are forced to resign due to the employer’s actions https://dol.ny.gov/you-apply-unemployment-frequently-asked-questions.

Here’s why:

• Unemployment benefits are generally for workers who are unemployed through no fault of their own.
• Not receiving your salary on time is a violation of your employment contract and can be considered a hardship.

Before filing for unemployment, it might be helpful to:

• Document everything: Keep copies of paystubs, emails, or any communication regarding the missed payments.
• Try to contact your employer: See if there’s a legitimate reason for the delay and if they have a plan to catch you up on your pay.

To file for unemployment:

• Contact your state’s unemployment office. You can find their contact information online or by calling the U.S. Department of Labor at 1-800-207-8974.
• They will guide you through the application process and determine your eligibility for benefits.

Here are some resources that can help:

• U.S. Department of Labor Unemployment Benefits: https://www.dol.gov/general/topic/unemployment-insurance
• How to File for Unemployment Benefits: https://www.indeed.com/career-advice/career-development/guide-to-unemployment-benefits

Remember: Each state has its own rules and regulations regarding unemployment benefits. So it’s always best to check with your state’s unemployment office for the most up-to-date information.