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Old 10-21-2012, 04:36 PM
 
6 posts, read 9,445 times
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Hi,

I've been on unemployment in the state of NY for about 6 months now -- it was my fulltime job. I also had a part-time job held remotely in CA. I earned less than what the unemployment paid me per week in my part-time remote job in CA. Is this a problem, collecting unemployment in the state I live and work in, and also getting paid part-time by my CA job? I'm just afraid of legal ramifications.

It's confusing; I haven't found anything in the claimant handbook about jobs held in multiple states. I have not earned money from any job in NY while collecting unemployment, just CA.

Thanks --
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Old 10-21-2012, 04:59 PM
 
Location: Wisconsin
23,156 posts, read 49,221,766 times
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The CA employment has no effect on your eligibility for benefits from the State of New York at this time, as long as you report those earnings.
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Old 10-21-2012, 05:21 PM
 
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Report how? There isn't an option to specify the state where I earned income ... Will this affect me adversely if I didn't report it when I filed my claims? The job is on the books, so it'll show up on my taxes.
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Old 10-21-2012, 05:35 PM
 
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Sounds like the beginnings of a real mess. Do you do this part-time job on a pretty much daily basis, or is it pretty sporadic?
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Old 10-21-2012, 05:50 PM
 
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Its 10 hours a week.
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Old 10-21-2012, 07:41 PM
 
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I'm just getting the feeling that you didn't report this income on your NY claim form, and that you're going to end up with a huge overpayment.
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Old 10-21-2012, 08:13 PM
 
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Well, I'd had the part-time job prior to being laid off. I don't recall the claim form asking if I had jobs outside of the state of NY, otherwise, I would have disclosed. The unemployment is definitely not a huge overpayment; it is very little, if anything.
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Old 10-21-2012, 08:27 PM
 
Location: California
4,402 posts, read 12,300,368 times
Reputation: 3136
Quote:
Originally Posted by bluepaperplane;26610132[B
]Well, I'd had the part-time job prior to being laid off. [/b]

Which means that when you told NY Unemployment that you were not working, you lied.

I don't recall the claim form asking if I had jobs outside of the state of NY, otherwise, I would have disclosed.

Oh give me a break. You had an idea, or you wouldn't be here and asking. And, the truth of the matter, it doesn't ask "did you do any work in NY", it asks if you worked.

The unemployment is definitely not a huge overpayment; it is very little, if anything.

Not sure where you get that it is just a little. If I recall, NY takes the number of days you work NOT the hours that you work or how much you are paid. Each day you work reduces benefits by 1/4. More than 4 days of work, no benefits.

So, I am guessing you worked 2-4 days. That's 100/week overpayment...if you only worked one day. 200/week if you worked 2 days and so on....

If they have changed and now take how much you made not work days, the following....

10 hours per week at the CA minimum wage=87.50
87.50x24 (guessing this is the number of weeks as it is about 6 months) $2100

$2100 is a pretty nice chunk of change to come up with...and this is assuming NO penalties, and there will be penalties...when you are not working and no longer eligible for Unemployment Benefits.

Um...you might want to take a look at the reality. It is an overpayment because you did not report the earnings. It is fraud because you intentionally did not report the earnings. In NY you can be forced to pay ALL of the money back, including substantial penalties. Also unemployment fraud in NY is a crime for which you can be arrested AND prosecuted.


Be as defensive as you want, you have a huge mess. And way more than a little bit.

If you doubt what I am telling you, feel free to follow the link below...it is to the New York Labor Board discussing fraud of unemployment.

Have a nice evening.

Unemployment Insurance Benefits Fraud - New York State Department of Labor

Last edited by thebunny; 10-21-2012 at 08:38 PM..
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Old 10-21-2012, 08:37 PM
 
Location: Wisconsin
23,156 posts, read 49,221,766 times
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Did NY know about this other job when you filed your claim? If so, you may be all right not reporting these earnings. But you really need to check with NY about that, or they may come after you later when those earnings show up.

Have you read the NYS Unemployment Insurance Handbook for Claimants? It states:
Quote:
You may be committing fraud if you work while receiving benefits and do not report that employment. This applies even if it is part-time work, operating or starting a business, providing services for yourself or others, no matter how brief, or whether you got paid. Protect yourself. If in doubt, report it.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf
When you claimed, you are required to answer these questions:
Quote:
Your eligibility to weekly benefits is based
on your answers to the questions. You will be prompted
to enter your Social Security Number and your PIN. You
will be asked some or all of the following:

• If you want to claim benefits for the previous week.
• If your address has changed since you last claimed benefits.
If you worked during the previous week, and if yes, the number of days you worked.
• If you refused an offer of employment.
• If you were ready, willing and able to work during the previous week.
• If you received any holiday pay for days during the previous week.
• If you received any vacation pay for days during the previous week.
• If there was a break in your claim since the last time you claimed benefits, you will be asked the
reason for the break.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf
Quote:
If you work less than four days in a week and earn $405 or less you may receive partial benefits. Each day or part of a day of work will result in a payment of a partial
benefit as follows:

1 day of work = 3/4 of your full rate
2 days of work = 1/2 of your full rate
3 days of work = 1/4 of your full rate
4 days of work = No benefits due.

YOU MUST REPORT ALL PART-TIME WORK.
FAILURE to do so may result in criminal penalties.


http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf
I think you need to call NY to straighten this out.
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Old 10-21-2012, 08:44 PM
 
Location: California
4,402 posts, read 12,300,368 times
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Ariadne22...figured you would know if the 1/4 rule still held in NY...I thought it did but was not positive. I figured it as the 1/4 and also the reduction based on total earnings.

Hopefully with the both of us saying the same thing, OP will figure out the reality of the mess he/she is in...
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