Legal Question in Employment Law in New York

I received $332.00 for one week of filed unemployment. The Department of Labor called me and went over my file on the phone because my former employer contested my right to unemployment (I quit my job to provide childcare to my infant). Since I checked that I had been fired due to not meeting the employer's standards, I received a letter in the mail denying my unemployment and also determining "willful misrepresentation".

I checked "could not meet employer's standards" because I negotiated part-time work which was denied and had to quit my job because I could not maintain the employer's standards of a full-time job.

I have no criminal record and am very frightened about this allegation of willful misrepresentation. I don't mind paying the money back; I only applied for the unemployment in the first place because the Medicaid office said I had to show proof of applying for it (regardless of outcome) in order to get health benefits for my infant.

My question is, could I now go to jail? I am thinking they will leave it as a fine only because of my clean record and the small amount of money ($332.00) involved but I am very afraid they will try to pursue criminal charges against me. I have 30 days to file an appeal with the Dept of Labor contesting either the denial of benefits (which I don't wish to contest) or the "willful misrepresentation" determination (which I do want to contest, as I did not mean to lie or misrepresent facts.) When the Dept of Labor called me prior to me receiving this determination, I told the agent the truth on the phone, but explained why I checked what I did and that I did not mean to be fraudulent. If I do not appeal their findings on "willful misrepresentation", will I be arrested? What will happen?

Please help me, I cannot find much information about this online except that a person charged with willful misrepresentation "may" be criminally prosecuted.


Asked on 1/22/10, 10:05 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

appeal the decision

Read more
Answered on 1/28/10, 3:49 pm


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