by Khan
(NYS)
I was getting my unemployment benefits. Since I was not getting a job in my own field as a corporate buyer, I tried to see other options.
I worked for Sales position in a store for 3 days in one week and 1 day in the following week and quit. I did not claim benefits for the days I worked. The job was different from the sitting corporate job I had, it did not pay atleast 80% of my previous pay, it was temp/contingent.
My benefits were witheld for a clarification and restarted after clarifying my position on phone. However, in one of the subsequent DOL forms I ticked the wrong box BUT did write in remarks that this job was temp, not in my field and therefore I left.
I got a notices that I misrepresented as lack of work whereas I had quit. My remarks were NOT taken into consideration. I have been asked to pay back the over paid amount of $3810 and about $700 (8 days allowance) as a penalty for misrepresentation. And that after working and earning 5 times my weekly allowance I will be eligible for new benefits.
I have appealed for a hearing and awaiting a date. Please advise how to handle my situation. Thanks.
Hi,
If you want specific advice about fending off the a voluntary quit because you deemed the work unsuitable and a misrepresentation of that material fact in order to obtain benefits, ‘m happy to listen and give you specific advice.
Couple other options for getting advice specific for your appeal hearing aside from using the search bar to see if anyone else has had the issue before and asked a question.
1. Build the appeal argument using the NYS interpretation index regarding misrepresentation and voluntary leaving.
2. Let a hearing determine if your appeal has any merits .. once they know enough details.
It would be important for anyone even considering giving you advice3 about the misrepresentation issue .. to know the truth.
For me, this paragraph isn’t helping me to make any sense out of your situation .. because it’s not quite how I know unemployment to work.
My benefits were witheld for a clarification and restarted after clarifying my position on phone. However, in one of the subsequent DOL forms I ticked the wrong box BUT did write in remarks that this job was temp, not in my field and therefore I left.
Benefits suspended, investigation conducted, but what did the determination reinstating benefits say and most importantly, was a re-determination issued correcting a mistake by the department when they started paying you benefits again???
Sounds to me like you need that “subsequent claim to have any hope of proving this mess was only caused by you .. just ticking the wrong box when the remarks prove that was just a mistake, but raises the issue of quitting with good cause once again.
Did you also have to appeal a VQ without good cause determination?