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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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jb UNMPHREY I AM ON UNEMPLOYMENT AND I JUST APPLIED FOR A BUSINESS

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jb UNMPHREY I AM ON UNEMPLOYMENT AND I JUST APPLIED FOR A BUSINESS CERTIFICATE AND A EIN NUMBER AND I HAVE THIS NUMBER NOW I READ THE UNEMPLOYMENT WEB SITE AND IT SAYS THAT BEFORE I APPLY FOR TAX FED ID EIN NUMBER I NEED TO CONTACT UNEMPLOYMENT TRUE OR NOT AND WHERE DO I GP FROM HERE I AM SO WORRIED
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

When you earn money from your business (i.e., your income is more than your expenses), you need to report that to unemployment.

Simply let unemployment know that you're opening your own business but you haven't earned any money yet.

Nothing to worry about. Just let them know.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Please answer in detail this isa nys law that needs to be answered
Expert:  JB Umphrey replied 1 year ago.
According to the NY Department of Labor, you should tell the Telephone Claim Center before you take any steps to start a business. Unless you are part of the Self Employment Assistance Program (SEAP), these activities may result in the loss of unemployment insurance benefits. See more information on SEAP at this link (and how you can enroll in it: http://www.labor.ny.gov/ui/claimantinfo/specialprovisions.shtm#SP1.

The Department of Labor considers you employed if you operate or start a business:
By yourself
With a partner or
In a corporate arrangement
If you spend time during the day or evening or on weekends getting ready to start or actually operating a business, the Department may consider that as work. It does not matter if you have not made any sales or received any compensation.

I hope this helps to clarify things!

~~ J.B.
Customer: replied 1 year ago.

I know but i already started the business technically so what will unemployment do now do you think I will cancel the ein number and the business certificate and wait to start a business if that is the case, i also am concerned about letting them know i read an article you wrote that answered a question for someone else that said that unemployment cannot find out about a ein number I am worried and do not know what to expect

Expert:  JB Umphrey replied 1 year ago.
As a matter of practicality, one cannot unring a bell that has already been rung. There's no harm in putting a pause on everything right now and just contacting SEAP on Monday to get enrolled in the program.

~~ J.B.
Customer: replied 1 year ago.

I would rather put in on hold and take all back, I decided against opening the business and what can i say to unemployment without jeopardizing my unemployment I am concerned that they will take my unemployment away if i call and tell them do you know of cases in NY that this has happened or no.


 

Expert:  JB Umphrey replied 1 year ago.
If it is your plan to just not operate a business, then that is a basis for you to just cancel everything and be done with it. There would be no jeopardy.

~~ J.B.
Customer: replied 1 year ago.

the ein number i can write a letter to let them know that i want to cancel it however, they just close the number it remains assigned to that business


and the business certificate i will call tommorrow and try and cancel it


should i still let unemployment know or what should i do i am concerned


i have always been honest but i am worried this is the only income i have for my family

Expert:  JB Umphrey replied 1 year ago.
You can let them know if you want. Then they're going to want to know why you canceled and I don't know what explanation you'd give them. From the facts you've described, no business has been active so there really is nothing to report.

~~ J.B.
Customer: replied 1 year ago.

no what i did was open a business certificate and get an ein number


my boyfriend has a chop and i figured i could put this in my name he just opened a place but no work at all i did not know that i would jeopardize my unemployment like this if i would have known then i would not have done any of this i just did it last wed so it is all new i found out i can cancel the business certificate and write a letter about the ein in which they will close the number however this number remains lined to the name, no i have no activity with this i am so scared have not slept for a week can they find out about the ein number i saw that you had answered someone that they couldnt i am still actively looking for full time work, i am trying anything i go to school at night so i can get a cna license totally diff field then i was in sorry to bombard you need advice. what will they do if they see that i cancelled do they still remove my unemployment it says fraud i am scared thank you so much i need to put my mind as ease.

Expert:  JB Umphrey replied 1 year ago.
You are most welcome. I hope that you found this information to be informative. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.

~~ J.B.
Customer: replied 1 year ago.

i am going to close everything and then actively look for work same as usaul if can they find out about my ein number and what can i say to them if they find out, i do not want to open a can of worms please advise clearly

Expert:  JB Umphrey replied 1 year ago.
You can tell them the truth. You can tell them that you were not aware of the need to inform them before having done it and then you later had a change of heart and closed it all out and opted to continue with your job search.

~~ J.B.
Customer: replied 1 year ago.

good idea can they stop the unemployment for this reason what do you think have you heard of cases like this maybe i am getting my self worked up for nothing confused

Expert:  JB Umphrey replied 1 year ago.
At this juncture, you are getting yourself worked up. Keep in mind, that not all of their "cases" are public decisions. It's not possible to consult an independent resource and say: oh yes, this person lost their benefits for doing that.

From the facts you've described, you've done nothing to intentional defraud them of benefits and you've acted in good faith. Just take a breath.

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
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