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I may have gotten myself in a bad situation and am looking for advice(NY UNEMPLOYMENT). So I left for Mexico on 1/2 and returned 1/10. On 1/4 I attempted to file for the previous week ending 1/3 on the WIFI at the resort. The website stopped me from claiming. I figured out another way to claim for the week and did it. I came home and realized no payments had been released. I filed for the week I was in Mexico under the pretension I could have flown home if I got a call from my union hall for a job.( I am a member of a union and am on an out of work list with no requirement to search for a new job.) I called unemployment today and the lady said I was flagged for trying to file while out of country. I pleaded my case that I was available to work the week before I left and that I could have flown home the week I was there. She said there was nothing she could do personally but that it would be sent to an investigator and they would be contacting me sometime in the future.(No time frame could be given.) I feel like the biggest mistake i made was to figure out a way to file while I was down there. Not sure what I should tell them in that regard to not incriminate myself? I really feel like I made an honest, ignorant mistake and have used unemployment on and off for 5 years as work slows down big time in the winter months. Not sure if they will have any compassion. Any idea what I am facing here? Are they going to ask me how I claimed? Thanks in advance for the help!
The woman I spoke with today asked me no questions whatsoever about how I claimed, just about what dates I was gone and seemed to be understanding, but I know that most likely means nothing and the investigator will have a different tone. I am a total stress box over here as I rely solely on unemployment to survive in the winter and have a 4 year old daughter and fiance. Hope I didn't totally screw myself here.
1. Please include your STATE when posting a question. State laws/precedents differ. It is often putting the cart before the horse to discuss a quit/misconduct/claim issue without first knowing your STATE.
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Quote:
I feel like the biggest mistake i made was to figure out a way to file while I was down there.
Indeed, you did. I hope you're not in NY. One recent case:
Quote:
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.
In the above case, NY dq'd him from benefits for the 80 remaining days' benefits on his claim - basically his entire claim - because of his one-time use of the proxy. Should he not claim those 20 weeks during the benefit year of the current claim, the penalty carried forward for two years should he open another claim. If he won his benefits back on appeal, we haven't heard about it.
All you can do is plead ignorance - and hope your state gives you a pass. If you're in CA, chances are you won't be dq'd permanently - just for that week you attempted to claim, with possibly a couple of dq penalty weeks thrown in.
If you're in NY - your chances might not be too good.
Last edited by Ariadne22; 01-12-2015 at 08:40 PM..
Being out of the country is NOT always disqualifying. There is just a presumption that you should be disqualified for the weeks that you were gone, and in your case, by saying you were "available," they will try to treat that as lying, but you can refute that.
What you did causes a week by week disqualification for being out of the country IF it renders you not "able and available." The ouch part is if they try to make it into a "lie," then you will get an additional disqualification that will be way out of proportion to what you did, and is the thing you should be prepared to appeal if it comes to that.
First, look at the days of the week you were gone. If you were gone on a day that is NOT a traditional work day for your occupation then it doesn't matter that you weren't available on that day because historically there would be NO work for you to do anyway.
Second, if you are truly exempt from a work search, your argument that you could fly home at a moment's notice to attend work is valid, so sell it.
However, don't expect a deputy to follow that logic, but be ready to appeal.
Well unfortunately, I am in NY. Secondly I did not use a proxy, nor did I get asked how I claimed. That case worries me as it seems like almost an identical situation. My only headway is I have not been interviewed yet. I am considering just saying I went off the resort and used my phone on WIFI and it allowed me to file and claim ignorance after that. Or maybe tell them I had someone else file for me? What do you think?
I know the penalty is harsh, but I still think this particular case is legit, and is winnable on appeal. I just hope she follows through and keeps us updated so we can give better advice for the next person that does this.
Your situation is NOT the same. I suspect you left late on a Friday night for this trip, and you wouldn't normally be working then, or Saturday, and were fully available within the meaning of the law for the entire week.
You had NO work search requirement. You are correct in thinking that if contacted you could have flown home.
That other thread was different because that person most certainly wasn't working through a union hiring hall.
That penalty does seem extremely harsh and after reading the story it makes me wonder if there was more to the story but has be VERY worried. Is it worse to admit someone else claimed for you? Should I be worried about legal consequences here?
Gotcha. I feel ignorance is best as well and stating that I was off the resort and used WIFI on my phone to claim. Don't worry, I plan on keeping this thread updated was just worried if I should maybe get a lawyer or something before even talking to them.
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