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Old 09-13-2014, 02:04 PM
 
Location: Wisconsin
25,590 posts, read 56,250,866 times
Reputation: 23241

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Quote:
Originally Posted by unemploymentblah View Post
So they called me and wanted my itinerary, I sent it to them and got determination letters in the mail, one says benefits reduced by 004 days and the other 080 days with both until 9/9/2016. My benefit year ending date is 6/28/15 so does this mean basically I won't get any more unemployment insurance?
Please type in the EXACT language from this letter - even if it is lengthy. 80 days and 2016 make no sense whatsoever.
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Old 09-13-2014, 02:09 PM
 
161 posts, read 491,695 times
Reputation: 47
04 x 20 weeks = 080days is what I think this means. if he has 20 weeks remaining, they disqualified him for those remaining 20 weeks for the claiming out of country.. that's what my friend here in UI Says likely happened. Is that penalty usually that stiff for falsifying out of US?
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Old 09-13-2014, 02:23 PM
 
14,500 posts, read 30,916,783 times
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Quote:
Originally Posted by Joeyzoom View Post
Is that penalty usually that stiff for falsifying out of US?
It's not really about being out of the country. It's the presumption that you can't be looking for work or able and available to accept work, and then lying about it.

If you happen to have dual citizenship or the required work permits, it's perfectly ok to bail out of NYC and go to London for 6 months and look for work. NY will ask a lot of questions, but if you've got what it takes to back up what you say, it's OK to look for work wherever you want.
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Old 09-13-2014, 02:28 PM
 
161 posts, read 491,695 times
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so whats his status ? did they DQ him for the whole claim?
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Old 09-13-2014, 02:42 PM
 
14,500 posts, read 30,916,783 times
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When this has come up in the past, NY usually just penalizes them for the time they are gone, and a slap on the hands. If they are doing worse, I'd like the poster to tell us more. NY could be upping things.
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Old 09-13-2014, 03:30 PM
 
Location: Wisconsin
25,590 posts, read 56,250,866 times
Reputation: 23241
Quote:
Originally Posted by unemploymentblah View Post
So they called me and wanted my itinerary, I sent it to them and got determination letters in the mail, one says benefits reduced by 004 days and the other 080 days with both until 9/9/2016. My benefit year ending date is 6/28/15 so does this mean basically I won't get any more unemployment insurance?
Quote:
Originally Posted by Joeyzoom View Post
04 x 20 weeks = 080days is what I think this means. if he has 20 weeks remaining, they disqualified him for those remaining 20 weeks for the claiming out of country.. that's what my friend here in UI Says likely happened. Is that penalty usually that stiff for falsifying out of US?
Quote:
Originally Posted by Chyvan View Post
When this has come up in the past, NY usually just penalizes them for the time they are gone, and a slap on the hands. If they are doing worse, I'd like the poster to tell us more. NY could be upping things.
Upping things in a BIG way. If joey is correct, that means not only is OP disqualified for this entire claim, OP is also disqualified from benefits under any other claim filed for two years - until 9/9/2016.

Yes, that penalty is unusually stiff. Unbelievable, actually. Sounds like they're applying a stiff false statement penalty, here.

If that is the case, OP needs to appeal.

We really need to read the actual language of that decision.

NY generally just does as Chyvan states, dqs for the weeks not A&A. We did have one poster who appeared to lose all benefits - but, judging from his posts and failure to communicate w/NY - I attributed his issues to him - lack of phone, etc. Claiming while out of the country is usually not that big of a deal - because a lot people are completely unaware that in NY (and other states), this is not allowed and don't understand the true meaning of A&A - that it's not just work searches but being truly Available.

Last edited by Ariadne22; 09-13-2014 at 03:42 PM..
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Old 09-13-2014, 04:16 PM
 
161 posts, read 491,695 times
Reputation: 47
OP needs to copy and paste the letter or snap a photo
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Old 09-13-2014, 07:16 PM
 
7 posts, read 49,872 times
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I got a total of 3 notices today, all 3 say for determination:

No Unemployment insurance benefits will be paid to you for the period beginning 8/15/14 - 8/22/14 (my exact dates i was out of country)

Then each 3 have a section listed as follows:
You were not available for work under section 591.2 of the unemployment law.

Reason: you were in jamaica from 8/15/14 - 8/22/14 you were not ready willing and able to work in your usual labor market during this period

claimant made false statement. claimant's right to further benefits is reduce by 004 days until 9/9/16 expiration date of this penalty may be extended if you appeal this determination

reason: you stated you were ready willing adn able to work, when you knew you were not available due to being out of the country.

You are not eligible for benefits under section 596.1 of the unemployment insurance law as you failed to certify as required

reason: you disregarded the warning that you received and circumvented the department of labors system to certify for benefits after the initial certification was blocked.

claimant made false statement. claimant's right to further benefits is reduce by 080 days until 9/9/16 expiration date of this penalty may be extended if you appeal this determination

reason: when you certified for benefits on 8/18/14 you intentionally circumvented the dept of labor system after you received a block with a warning about certifying while out of country.


You are not eligible for benefits under section 596.4 of the unemployment insurance law as you failed to report as required

reason: you were in jamacia from 8/15/14- 8/22/14 and were not able to report in person to a jurisdiction which is a signatory to the interstate benefits pyament plan as required under section 596.4 of the unemployment insurance law.
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Old 09-13-2014, 07:39 PM
 
161 posts, read 491,695 times
Reputation: 47
So I was correct -- they basically deemed your claim from Jamaica as fraudulent, barring any benefits from here on out .. you probably should not have claimed there, given the warning (the BIG issue seems to be here that you circumvented/breached their system), as now you have forfeited ALL your UI payments..

I hope there is a way you can figure this out, but as said earlier, there does not seem to be much of a chance as you knowingly committed the claim from Jamaica. Chyvan/Ariadne, weigh in -- I think the initial comments were right -- NY has stepped up big in penalizing for out of country claims ??
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Old 09-13-2014, 09:21 PM
 
Location: Wisconsin
25,590 posts, read 56,250,866 times
Reputation: 23241
Quote:
Originally Posted by unemploymentblah View Post
You were not available for work under section 591.2 of the unemployment law.

Reason: you were in jamaica from 8/15/14 - 8/22/14 you were not ready willing and able to work in your usual labor market during this period

claimant made false statement. claimant's right to further benefits is reduce by 004 days until 9/9/16 expiration date of this penalty may be extended if you appeal this determination

reason: you stated you were ready willing adn able to work, when you knew you were not available due to being out of the country.
Appeal this only if you did work searches and you feel you could truly have become available that week you were gone. Otherwise, know that NY is telling you it can impose more than a one-week penalty if this issue is reviewed again. Probably not worth doing.


Quote:
Originally Posted by unemploymentblah View Post
You are not eligible for benefits under section 596.1 of the unemployment insurance law as you failed to certify as required

reason: you disregarded the warning that you received and circumvented the department of labors system to certify for benefits after the initial certification was blocked.

claimant made false statement. claimant's right to further benefits is reduce by 080 days until 9/9/16 expiration date of this penalty may be extended if you appeal this determination

reason: when you certified for benefits on 8/18/14 you intentionally circumvented the dept of labor system after you received a block with a warning about certifying while out of country.
Your second attempt to certify did you in, plainly. Those who've had no problem overcoming out-of-country claiming dqs in NY were not initially warned and were able to claim. Their claim was flagged as an outside IP/area code claim, and these people dealt with the issue when they returned home when no payment appeared in their account - which is when they first learned they had a problem.

NY must have instituted something new with this warning. Perhaps too many were using alternate proxies, and NY caught on.

So... you will need to appeal this, of course.

However, you are also being warned that, if you appeal the two-year dq, NY can extend the 9/9/16 date probably another 12 months. The states warn in their handbooks that fraud can result in a three-year disqualification from benefits under any claim. So far, NY has given you a two-year dq period. This means no claims until after 9/16/2016.

Quote:
Out of my own stupidity I felt I was still in the right to collect benefits that week, and used a program to log on to my computer remotely and certify benefits.
Again, appeal, citing that as a first-time claimant:
  1. you were unfamiliar with the rules for claiming out of the country
  2. had made work searches in good faith for the week claimed
  3. were unaware of that "available" meant you needed to remain in the US
  4. that had a job interview/offer arisen, you could fly back.
In CA, on appeal, you would get this penalty lifted just by citing lack of knowledge. CA has precedent cases for "lack of knowledge" for which some ALJ's forgive outrageous and unbelievable violations. NY will not be as easily swayed; however, a complete dq from benefits from the current claim, plus another year, is over the top. Really.

I hope this is an in-person hearing, not over the phone. I'm guessing you'll be one of the first to appeal a dq for "circumventing the system."

Quote:
Originally Posted by unemploymentblah View Post
You are not eligible for benefits under section 596.4 of the unemployment insurance law as you failed to report as required

reason: you were in jamacia from 8/15/14- 8/22/14 and were not able to report in person to a jurisdiction which is a signatory to the interstate benefits pyament plan as required under section 596.4 of the unemployment insurance law.
A&A again for that week only if you can prove that you would have been ABLE to report in person that week. Again, probably not worth doing and not the real issue.

Wow - they were one-year short of throwing the book at you.

Last edited by Ariadne22; 09-13-2014 at 09:34 PM..
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