Legal Question in Employment Law in New York
Denied Unemployment Insuranceb/c of Photography Business
In the beginning of last year, I got an EIN number so that the place that I was employed at could create a purchase order for me and pay me for photography work I did for them. Photography was something that I did on the side, as my full-time job was in the administrative field. In any case, this year I was laid off in April. When i applied for unemployment in NYS, a ''Corporate Officer Questionnaire'' appeared on the screen and I had to fill it out. I answered everything truthfully and told them I had a website, but I explained that my full time job is what I really focused on and that I was currently looking for employment in my field, which is administration.
A week later I received a letter stating the following: ''You are the principle owner of an ongoing internet business. It is irrelevant that you may not receive renumeration or that your activities do not affect your ability to accept or seek other work. You stand to gain from the continued exsistence of your ongoing business and as such are not eligible for NYS unemployment insurance.''
I have since appealed this. My question is this: Is there a chance I will win? What will I need to bring to the hear to state my case? thanks for your help.
3 Answers from Attorneys
Re: Denied Unemployment Insuranceb/c of Photography Business
I do not handle these types of matters. My firm's practice in this area is restricted to employee benefits litigation, and I would suggest that you consult with an attorney that practices in this field. Generally, in New York, to be eligible for unemployment benefits, you must not be working, and you must be ready, willing and able to work.
Re: Denied Unemployment Insuranceb/c of Photography Business
What you will have to prove is that you made no income from this business nor do you intend to make any income and it is only a hobby. You will also have to show your full time effort in finding full time employment similar to your previous job. Good luck.
Re: Denied Unemployment Insuranceb/c of Photography Business
This is happening more frequently as the Dept of Labor pays more claims. I have had other clients denied unemployment because of attempted but unsuccessful businesses.
You have a good chance of winning. You need to bring everything you have to establish your principle employment was with the company employing you in the administrative field, and that photography was an attempt to earn by setting up a corporation that was unsuccessful.
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