Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Since being off at the end of 2012 I have collected unemployment

Since being laid off at...
Since being laid off at the end of 2012 I have collected unemployment benefits. From time to time I have received freelance work, which now totals almost $6K. I did not report that when I made my weekly reports to NYS because I was and still am struggling to survive. I kept thinking that things would get better and that I would later on report those earnings so that there would be no overpayment in total. However the year is almost over and I am sure that eventually the NYS Department of Labor will find this out because of the 1099 forms to be filed. I want to turn myself in before they come after me but do not know what is the best thing to do. I still do not have a job but of course I want to make this situation right.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
10/10/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,552
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

Thank you for the information. We cannot tell you what to do since we cannot form an attorney-client relationship under the TOS of this Site or our Bar ethics rules. However, I can discuss the legal issues and possible ramifications if that is what you are wanting. If so, just let me know that you want to continue with that understanding.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I think I understand. And I guess I am still trying to determine if I am better off reporting myself to the Department of Labor now instead of waiting until they catch up with me in 2014. Is that something you can give me some sense of, based on the issues and ramifications that you will discuss?


 

Hello again and thank you for your reply. There are a couple of options if you want to straighten this out now. One is to just start reporting this income right now as if you are earning it now until you get up to the amount that will be reported on your 1099's. The other is to call and advise the State that you failed to report your earnings. I can tell you that if you do that latter, your UI benefits will not only stop, but you are likely to get a notice of overpayment of ALL of the benefits you have been paid. In other words, it wouldn't just be that you owe back payments for the amount you mentioned, but the State would, because of alleged fraud, demand repayment of all of your benefits you have received. That doesn't mean that you couldn't appeal that determination and get it reduced, but it is likely to be their reaction.

If you don't do either of the above steps, then when the State figures out you did have earnings, then they will send you the overpayment determination, just like I mentioned, which will likely be for everything you received from them during this period, which would necessitate an appeal and/or negotiation. So, other than starting to report your earnings now, as if you were earning them now, coming forward and confessing or waiting until you are found out will result in the same consequences. It is up to you though which way you want to go.

If you have specific follow up questions, please let me know. I would be glad to assist you further if I can.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Thank you for your help. It sounds like I would be better off beginning to report those earnings as if I were earning them now, as you said. However, in the next couple of weeks I am taking training (approved by the department of labor) to get a real estate license and then will begin hopefully working as a real estate agent in early November. Although this is a commission only job, I probably will only be reporting benefits for about two to three more weeks. Practically speaking I probably can't report all of the earnings within that time period (unless I were to receive no benefits at all). But, would it help me to at least report some of the earnings rather than none? Also, given that I will be working (albeit as an independent contractor, as all real estate agents are) for the last two months of 2013, is it possible that the unemployment office might overlook the 1099s for the other freelance work (because at least theoretically I might have done that work during the last couple of months of the year). Of course I know that is not honest, but I am really stuck about my options.

That does complicate things a bit, and as I mentioned, I can't tell you what to do, but if you would feel better if you report some of the earnings, then you should. Ultimately though if the numbers don't add up, assuming the State does an audit of your tax reports, then you will get the blanket overpayment decision and have to appeal and negotiate it. I am not really comfortable saying that the fact that you have other earnings might mask the earnings you didn't report, that is doubtful. But, anything can happen.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,552
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,552
20,552 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,552 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I was denied an appeal for unemployment benefits as I
I was denied an appeal for unemployment benefits as I misread the letter they sent to me. I didn't notify them the day before the set telephone conference so they denied me benefits. I want to appeal … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Regarding: unemployment benefits As a manager, I was told
Regarding: unemployment benefitsAs a manager, I was told privately that my responsibilities were a failure, having role functions halted, re-assigned to others, and team re-assigned to other departmen… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I need assistance on unemployment benefit qualifications. I
I need assistance on unemployment benefit qualifications. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I just learned I was denied unemployment benefits due to RCW
Good Evening my name is ***** ***** I just learned I was denied unemployment benefits due to RCW 50.20.050 WAC 192-150-110 and WAC 192-150-085. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I am the employer with an unemployment benefit claim against
I am the employer with an unemployment benefit claim against me from my ex employee that is also my step daughter. She had really been slacking on her job and not completing assignments given and givi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Can I apply for Unemployment Benefits a month after my last
Hi! Can I apply for Unemployment Benefits a month after my last day of work? State is MN. … read more
Marsha411JD
Marsha411JD
Lawyer
20,552 satisfied customers
My unemployment benefits were suspended. Because I filed
Hi my unemployment benefits were suspended. Because I filed disability. I was givin wrong information from the social security administration. I have a lung disease .i was laid off from my job in Augu… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Can I collect unemployment benefits if I was fired four yrs.
Can I collect unemployment benefits if I was fired four yrs. ago do to having to call in several times being under a Dr. Care.… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Nj Depart. Of Labor asking for refund of Unemployment
Nj Depart. Of Labor asking for refund of Unemployment Benefits from 2015 because I resigned from my parttime job., but I was awarded Benefits because my full time employer let me go. This request for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
PA unemployment benefits. I was promised recall to my job,
PA unemployment benefits. I was promised recall to my job, was awaiting unemployment benefits, they told me I had to sign up to the job gateway. I did so but did not complete my profile 100% and compl… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I had my Unemployment benefits denied for an issue of NRS
I had my Unemployment benefits denied for an issue of NRS 612.434 "between terms" issue for educators. … read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
I have a question related to unemployment benefits in the
I have a question related to unemployment benefits in the state of CT and then working as an independent contractor. Can you assist me? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I recently filed for unemployment benefits and when asked
I recently filed for unemployment benefits and when asked how I lost my job which answered laid off due to slow down in business. My company told me was due to my attendance. I really feel like it was… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My question is dealing with unemployment benefits. First
My question is dealing with unemployment benefits. First I've worked over 20yrs never collect unemployment. I was laid off in 05/016, I collected unemployment form 12/16-05/17.I live in Pennsylvania n… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,065 satisfied customers
I have apply for unemployment benefits. A letter was sent to
i have apply for unemployment benefits. A letter was sent to me saying that I did not earn enough in my based period to qualify for benefits.so my week benefit for this claim week is 0.00. I have been… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was denied unemployment benefits due to lack of good
I was denied unemployment benefits due to lack of good cause. I quit because I was suspended for leaving an unemployment hearing for a former team member. I was only supposed to be a witness if the re… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x