Unemployment Questions (insurance, consignment, lawyer)

[Anthony2018]

Hello,

I was previously working for a company in which I resigned. The owner stated that since I was being paid a 1099 for nearly 2.5 years that he wanted me to fully incorporate myself and carry my own insurance. This all came about after a current w2 employee was hurt on the job causing his current insurance company to dump him now that he was considered a high risk. It was originally agreed that I would be paid a 1099 for the period of 3 months then be transferred to a w2 once the probationary period was complete inclusive of a raise. However this never occurred as the owner claimed he was bleeding cash and could not afford the cost of another employee.

Side note - His one other employee received healthcare thru his spouse and the owner received healthcare thru his partner. He even stated that he did not want to incur the cost for only one person and that it was better for his company if i could stay on a state funded plan.

So I decided to resign since he clearly stated that if i did not incorporate myself and carry my own costs that I could no longer work for the company. I contacted NYS Department of Labor where they instructed me to complete set documents as a "Mis classified" person or persons. I completed the form and mailed it back.

About a month and a half later I was contacted by a member of Unemployment regarding the responses that I provided. One of the questions was if I had ab business of my own in which I answered no due to the fact I was not operating my own business. The individual asked about a friends business, a consignment store that is only opened weekends. He questioned that my phone number was being used for the store itself in which I explained that my friend of 15 years and for privacy reasons of his, asked if he culd use my number until he eventually established his own business phone number. I agreed as I did not see any issue of his request. The unemployment representative then asked if I made any money or if I was an owner or partner to my friend in any way. I replied no in which I informed the representative that I could give him my friends personal number. The representative spoke to my friend in addition to supporting NYS with documentation that I in no way received any financial gain and that I was not in any way shape or form an owner of his business.

About 3 months later I was awarded my Unemployment benefits. I had benefits for a full 6 months prior to them ending. Once they ended I needed to replace some of the income I did have on Unemployment so I decided to sell as many personal belongings that I realized I did not need over time. So I decided to sell them of course at the Consignment shop of my friends and instead of him taking 50% of what an item sold for we agreed that if I agreed to help him in the store for 5 hours a month my rate would be reduced to 20% which made a big difference on my end.

Now, as my benefits have ended about 3 months prior, I get a letter in the mail stating that my former employer is appealing NYS decision. We have our first hearing in which he lawyer states that I have my own business and I should not be given benefits even tho NYS already put that case to rest. The employer stated that he never made the request for me to incorporate which I provided the ALJ a voicemail of him making the request. My former employer literally played dumb, he said he had no clue what I was paid, How often I was at the office and lied about the roles in which I was responsible for.

The hearing was adjourned for another date so I may provide all parties with the voicemail request. At this point I decided to furnish NYS with ANY email or documentation proving that the owner was in fact lying during the first hearing. I submitted 495 pages in order to prove that nearly every statement he made was in fact a lie.

During the second hearing his attorney stated that my former employer did not have enough time to review the documentation in which it was adjourned again. Now only days before the third hearing I am sent a packet in the mail from his attorney and Private Investigator. They decided to come to the shop one day while I was there helping the woman who actually works there. She recently quit her job and asked me to help her on the computer with her resume and MS office as many of the jobs she was looking for required it. They had several pictures of myself at the computer.

During their visit they stated that the woman that I was there to help on the computer helped them while in the store. The also stated that I was on a computer, Linked IN to be specific which they stated ( As I was applying for jobs).

Now I already know the route that his attorney is going with this, once again they are trying to indicate that I work there and that I make money as they for some reason think I own the business. However NYS already put all that to rest months ago and awarded my benefits not after my friend showed proof that he was the only owner (and that I was never paid for anything) but after NYS did a full audit of my previous employers accounting firm.

So even tho my benefits ended months ago could they still try to reclaim benefits by proving that I am occasionally at this consignment shop? I already looked into the information with NYS and I am in full right to sell my personal belongs while on or off unemployment to make up the shortage from unemployment. I thought an employer had 30 days to appeal? He didn't appeal until nearly 6 months after my benefits were awarded.

Now I feel like this whole thing in an invasion of my privacy all to prove that I don't have my own business and never received payments from the consignment store. The only payments I ever received were after my unemployment ended and I don't think that $36.78 is anything to claim I own a business over just for selling some junk collected over the years.

Any ideas, suggestions? I literally feel like I am being followed even to the grocery store.

[Bodie_Bunk]

Report them to the local Precinct for harassment and try and get a cheap cease and desist letter from prepaid legal. This should be dismissed. I am not even understanding why NYS is allowing this to drag on.