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Collecting unemployment while working???

Rensselaer, NY |

was collecting unemployment for a while and i found a temporary job. ( I worked there for about 4 weeks) I did not know I was supposed to tell unemployment that I was working part time. So now I found a full time job and I have stopped claiming unemployment. Now I find out I wasnt supposed to claim while I worked. I contacted unemployment today and explained my situation. Now what? Am I in trouble? I didnt know what I was doing was illegal. Very scared! I dont want to go to jail or have a record! I've never been in trouble before

Attorney Answers 1


I wouldn't panic at this point. You have reported it. You worrying about it is not going to change anything the State wants to do. Some basic information:

If you worked less than four days and earned $405 or less in a week, you may receive partial benefits. You are considered employed on any day when you perform any services - even an hour or less - regardless of whether you get paid for that day.

Each day or partial day of worked would reduce your benefit rate by one-quarter. If you are unable to work, your benefits are determined on the same basis. Receiving partial benefits extends the length of time you may collect benefits until you reach the maximum or your benefit year ends, whichever comes first. If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid for that week.

Each day or part of a day of work will result in a payment of a partial benefit as follows:

1 day of work = 3/4 of your full rate

2 days of work = 1/2 of your full rate

3 days of work = 1/4 of your full rate

4 days of work = No benefits due

You may receive a notice from them starting an administrative process for reimbursement of UI monies you were not entitled to receive. However, as long as your intent was not to defraud UI, and it was an honest mistake I don't see criminal liability attaching.

However, a word of caution. If you do receive any communication from UI informing you of an administrative hearing or any other admninistrative action, you definitely need counsel to represent you.

As a preemptive measure, I would also try to estimate what the UI overpayment was and see what you can do to reimburse the State.

But again, I urge you to talk to a local attoney who practices regularly before UI. There are plenty of attorneys in Albany, Schenectady or Troy who practice in this area who can help you.

Good luck.

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