Legal Question in Employment Law in New York

Hello,

I have been unemployed since December 2009. Last September I listed my apartment on a website that lists vacation rentals in NYC as a means of earning extra money because the unemployment checks were really not enough at the time. From September to December I earned a little more than $3100 and I didn't realize it needed to be reported to the New York State Department of Labor. I guess in hindsight it makes total sense, but it did not occur to me at the time. I didn't consider it to be self-employment. I am now being investigated by the fraud department of the New York State Department of Labor and I am unsure how to handle it. Since the end of last year I continue to receive the additional income, but it is only from time to time. Do you have any suggestions as far as handle this situation go? I am wondering if it is a felony and if I could possible face jail time. I know someone who worked and collected unemployment many years ago and she was able to set up a payment plan until it was payed back. How are these issues currently handled? When do they decide to incarcerate someone for such an offense and when is restitution simply enough.

Thank you


Asked on 3/30/11, 11:58 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The most important thing for you to concern yourself with is avoiding any criminal penalties or charges that could negatively impact your opportunities for future employment.

I have dealt with New York State's Investigative Division and their Tax Department so let me know if you would like to discuss this further. Do not delay or neglect any correspondence from the State of New York! You may contact my office via email.

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Answered on 3/30/11, 1:04 pm


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