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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2359
Experience:  Exclusively practice labor and employment law.
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I was paid off in 2012 I filed for unemployment insurance-later

Customer Question

I was paid off in 2012 I filed for unemployment insurance-later I received money
for work I thought I would get paid for, checks come every four weeks- I anticipate getting
a 1099-does the unemployment office check 1099s-if so, the 1099 does not say when
the money was earned or the work done; will they checks and if so how, what should I do
Submitted: 6 months ago.
Category: Employment Law
Expert:  John replied 6 months ago.
Hi, My name is XXXXX XXXXX X’m happy to assist you with your question today.

If you are getting paid on a 1099 basis, there really is no way for the agency to cross-check your records the way they do for employees, which is to cross-match your identity to employer submitted wage records. It is totally your responsibility to self-report your income to unemployment in the event you are a 1099-paid employee - there would be no employer records to cross match to your self-reported wages (or lack thereof). In short, they have no way of auditing 1099 income.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2359
Experience: Exclusively practice labor and employment law.
John and 6 other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.

one more thing do you know of cases when a person was caught,


offered to make full restitution immediately with the state unemployment


office and was still prosecuted

Customer: replied 6 months ago.


if a person makes l,000 on a cash basis, and the ui is 390.00 week;


is he disqualified for just that week or 1000/390 week what is the


relation to the money a person makes and the length he is


disqualified, what if he made 10,000 one week how long would that


disqualify him for

Expert:  John replied 6 months ago.

I do not know of such specific cases as the decisions are not published in any public journals. I have represented clients that have been found to have misrepresented their income and received unemployment over payments..they were caught because the agency cross matched their records to employers through employer wage reports. Anyway, they were successful in having any penalty and interest removed by claiming innocent mistake, they did have to pay back the benefits they received however.

Earning $1,000 in a week would totally disqualify the beneficiary from benefits for the week. Basically, benefits are reduced 50 cents on the dollar up to the benefit amount earned and dollar for dollar thereafter. That's on a weekly basis - so if you made $10k in one week and zero the second week, you wouldn't qualify for benefits in week one but would qualify in week two for the full amount.
Customer: replied 6 months ago.


thank you for your time

Expert:  John replied 6 months ago.
You're welcome. Good luck with the matter.

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