Legal Question in Employment Law in New York

Labor Law/Unemployment Insurance Issue

I applied for UI insurance for a week I didnt work, however at the time I was had a P/T position and took a week off from work. I made a mistake, but they have me down as ''Withholding a Material Fact'' and have reduced my benefits to half of my UI check and they want a repayment of $362.00, it states to SEE BOX #4. QUESTION: On the determination form NYSDOL DID NOT write anything in BOX #4 (it was left blank) THEY DID NOT PUT IN THE DETERMINATION, NOR DID THEY PUT IN THE AMOUNT OF THE REDUCTION NOR DID THEY PUT IN THE PERIOD THAT THIS REDUCTION WOULD BE IN EFFECT FOR. If I ask for a hearing based on the omition of a material fact on the determination form from NYSDOL, what is the likelyhood that this determination will be dismissed due to the claimant (me) not being given the facts surrounding the reduction of benefits determination by NYSDOL or in the alternative, allow me to use the unauthorized reduction as the repayment, it amounts to 360.00 to date?


Asked on 8/09/06, 2:03 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Labor Law/Unemployment Insurance Issue

Your chances are not good. The Administrative Law Judges who hear UI cases will not take your misrepresentation lightly. Next time, think twice before trying to beat the system.

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Answered on 8/09/06, 3:17 pm


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