NY State Unemployment Question (collect, extension, receive, apply)

[chosen66]

If I am being paid to work by company check, should I check the box that asks if I am working at all on my weekly claim?

How much will I lose from my benefits? The total I am earning per week is less than the $405, which means that I will still collect something.

[NYChistorygal]

Of course you have to claim it. Otherwise, that is fraud. They will ask you questions about how many days you worked and how much $ you made. They will adjust your check accordingly.

[Opyelie]

Originally Posted by chosen66

If I am being paid to work..., should I check the box that asks if I am working at all on my weekly claim?

Translation - should I LIE or be honest? wow, yeah, tough call there, no wonder you had to ask <sarcasm>

[diorgirl]

Originally Posted by chosen66

If I am being paid to work by company check, should I check the box that asks if I am working at all on my weekly claim?

How much will I lose from my benefits? The total I am earning per week is less than the $405, which means that I will still collect something.

Yes, you have to declare the work. Failure to do so can constitute fraud. Since you quote the maximum you are allowed to earn weekly while on unemployment, you are probably already aware that you must report the work.

Information about matters like this is generally found on your state's DOL website. The New York State site says:

You are considered employed on any day when you perform any services - even an hour or less in self-employment, on a free-lance basis or for someone else.

It makes no difference whether this work is in covered employment or whether you get paid for that day. For example, work on a straight commission basis is considered employment even though you may not receive the commission until some time later or even if no sales are made or any compensation received.

You must report all of the work you perform, whether it is for yourself, a friend, a relative or an employer. Any activity which brings in or may bring in income at any time must be reported.

If you are involved in free-lance work, self-employment, starting a business or doing "favors" for another business, you should call the Telephone Claims Center and give all the details before claiming your weekly benefits.

Your weekly benefit payment is reduced by one-quarter for each day you work or are not eligible because you are not available or capable of work or other reasons. If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid to you for that week.

New York State Department of Labor - Before You Apply For Unemployment

[chosen66]

Originally Posted by Opyelie

Translation - should I LIE or be honest? wow, yeah, tough call there, no wonder you had to ask <sarcasm>

Guess I should have been clearer in my original post.

My net for the day I work is minus because it is in the hopes of it becoming something in the future so I suppose that helped cause a condescending reply.

[7 Wishes]

The claim does not need to be adjusted at all! The way NY does it is very simple:

You state how many days you worked last week and whether you earned over $405 for the week or not.


Basically, they deduct 1/4 of your UI pay for the week for every day that you worked, so if you worked 1 day, you get 3/4 of your weekly UI, 2 days you get 1/2, 3 days you get 1/4, and 4 or more days you get none. If you worked 3 days or less but earned more than $405 you get none as well. But this also pushes off by as many days as you worked (or a week if you earned no UI pay this week) when you run out of UI (within your benefit year of course).

I hope that helps. As long as you do that you don't have to worry about losing your UI or getting in trouble with the DOL.

[janice5115]

DOL does not check anybody anymore. I know a man who is working abroad and is collecting his unemployment extension. I even e-mailed somebody at NYC deprtament of Labor about it and they did not even reply. It is a joke, they do not care.