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Commissioner of Labor has withdrawn the determination(s) in the above case pending further fact finding.

Brooklyn, NY |
Filed under: Employment

What does this letter mean? I was only asking for a hearing about EUC benefits that the NYSDOL said I was entitled to receive in letters they sent me. Later they said I was not entitled to the benefits from NYS, and was sent a bill to repay them, because of employment for 8-days in another state, which they were fully aware of. This whole mess started when I was required to file a new claim when my NYS claim expired on July 15, 2012 to continue my EUC. They told me the claim was supposed to have been filed in February, they backdated it to then, and I was paid for 15-weeks from NJ. They said I could reopen my NYS claim to collect the extension, once my NJ claim was exhausted, and later denied it. There was no fraud involved.

Attorney Answers 2

Posted

Simply put it means that a previous determination (i.e. that you were entitled to or not entitled to unemployment benefits) is being withdrawn (i.e. treated as though it never happened). We would need to see which determination the letter you sent relates (or you can call them and ask a representative who works in that dept. who has familiarized himself or herself with your matter). It unfortunately also sounds like there will be some significant agency activity to correct / rectify all of the confusion and make this matter consistent with the law.

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Asker

Posted

Since the NYSDOL made the error and it was of no fault of my own, they should waive the repayment in my opinion. Why should I pay for their mistake? I worked hard for those EUC benefits, kept detailed records of my searches. If I made an error they would have applied penalties and would have ruined my life. I followed their instructions by the book and they paid me as a result. Now they want the money back. I paid back the 15-weeks to NYS that NJ paid me. The rest of the year's EUC I should be allowed to keep, which is why I requested a hearing. They want me to continue to certify until the hearing.

Barry Eran Janay

Barry Eran Janay

Posted

I'd really have to look at the entire file in order to give you the best possible advice and guidance. Happy to do so if you want to message me privately concerning this.

Posted

If you worked while certifying that you could not work, the agency will consider that to be fraud.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

Was not working while certifying. I said there was no fraud involved and it was due to their mistake. I had stopped certifying while working the 8-days. I did not collect unemployment for those days. You misunderstood my question. As I said in my question, they were fully aware of my employment.

Vincent Peter White

Vincent Peter White

Posted

Ah, my mistake. Apologies.

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