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I was laid off and received NYS unemployment benefits in 2011. I have received a notice from the NYS Department Labor stating I wrongfully collected benefits due to a record of wages reported during that time. I did work a seasonal part-time position and later accepted employment with a different company and was terminated within a few weeks. I thought I could collect beneifts during this time and have never done anything illegal. How should I respond the notice? Will I be charged with a misdemeanor or a felony and be sent to jail?
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Re: NYS Unemployment Fraud
Unemployment means just that - NOT EMPLOYED. If you worked or earned ANY money during the weeks for which you claimed unemployment benefits, then you withheld that information and can be held legally liable for failing to report it.Originally posted by oohayee999 View Post
Since, as you stated (and for which NYS has a record) that you worked even part-time for a few weeks, that means you were NOT unemployed during that time. Being underemployed, you can still earn benefits, but you MUST report any income you earn, and what benefits you can receive will be based upon how much you are earning during that time (usually deducted from your weekly unemployment benefits - you get the difference, if any).
What you THOUGHT was incorrect. By law, what you did was knowingly file fraudulent claims in order to receive full benefits ON TOP of the income you earned during that time. That is illegal, and I don't buy for a minute that you didn't know it - and NYS knows that. For starters, you will have to repay all benefits illegally received during that time during which you were employed. You will ALSO have to pay a penalty on top of that (I'm not sure what the amount is for NYS, but for California, it's 30% of the total amount of the benefits you illegally received). If you're receiving unemployment benefits now, they will be stopped, and you will be barred from receiving benefits for a period of time (could be up to a year or more). If they make the determination that you KNEW you were receiving these benefits illegally, you can ALSO be prosecuted for benefits fraud.
Here is a chart of what happens when you receive an overpayment, the penalties, and procedures for recovery of the overpayment by state:
http://workforcesecurity.doleta.gov/...erpayments.pdf"If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE." -
Re: NYS Unemployment Fraud
It's virtually impossible to accidentally get overpaid. Every two weeks, whether you call in or do it online you are asked SPECIFICALLY about any wages. They then remind you at the end, and have you CERTIFY you told the truth.Comment
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Re: NYS Unemployment Fraud
Employment law is one of the most frustrating topics to me. There is always so much red tape when trying to change your employment status or when trying to figure out what makes the most sense when you want to file taxes as an employer. When I was looking at transferring out of my current company, the best resource I found for employment law was [xxxxx]. I got a lot more help than many of these forums and other blogs that complain about the technicalities of employment law without actually giving you any options if you want to work in employment law.Originally posted by oohayee999 View PostComment
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Re: NYS Unemployment Fraud
Generally, they just want their money back. Apparently you did something illegal. Pay them and it should be forgotten aside from being potentially disqualified from UI.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: NYS Unemployment
I am collecting unemployment for the past 5 months. I only was paid for 3 because I did not have access certify online to certify the benefits. I contacted the NYS unemployment and told them the specific dates that I was not paid for, they replied to via letter that my claim for the 2 months was denied based that I did not certify the benefits online based on that I did not have access to a computer. Please help me how I can fight this as I have 30 days to appeal. Thank youComment
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Re: NYS Unemployment Fraud
You can certify via phone as well, many people lack access to the Internet - especially when unemployed. You will not win your appeal.Comment
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Re: NYS Unemployment Fraud
As to repayment, in a non-fault situation, repayment can be avoided with the help of proper legal representation. You may therefore prepare a reply to the notice including any documentary evidence which supports your case with the help of an attorney. If NYS Labor Department files a case against you in court and you lose then you should appeal right away. If you again lose then you will have to repay all extra unemployment benefits you received on the claim.Comment
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In NYS you must reports DAYS of work when certifying for UI benefits each week. Even 15 minutes of work counts as one full day under NYS UI Law. You cannot add your hours together to create one full day (like in a part-time job). Your wages are only asked about after you report the number of days you worked. As of October 2014, you CANNOT collect UI in NYS if you earned over $420 in gross wages ($ received before taxes are taken out). Prior to that it was $405.
It does not matter who the work was for, ALL work must be reported.Comment
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Re: NYS Unemployment Fraud
Well in this situation I think you should refer any legal representative, According to me I think the only way to avoid repayment is to submit any documentary evidence which shows you have not taken any benefit of your claim of unemployment.Comment
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