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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I received a letter from NYS Dept of Labor asking me to explain why I received 8 weeks of

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I received a letter from NYS Dept of Labor asking me to explain why I received 8 weeks of unemployment benefits $209 while I was employed 4 or more days earning over $405. What is the best way to reply without getting serious penalties?
Thank you for your queston. Please permit me to assist you with your concerns.

Were you working at the time? If so, did you disclose this to the Dept of Labor? I am asking just to understand as to whether or not the NYS Dept of Labor has a valid claim against you, or not. Thank you!
Customer: replied 4 years ago.

Yes, I was working full-time. I reported that I was working part-time.

Thank you for your follow-up, Tom.

In that situation the information I will provide you is likely not going to be favorable, so I ask you not to blame the proverbial messenger. Failure to properly inform the Dept of Labor of your employment status and obtaining more funds as a result is considered to be fraud, specifically employment benefit fraud. That has potential criminal and civil implications, meaning that the Dept of Labor could conceivably press criminal charges, seek restitution of funds, and sue for the return of the owed monies. Luckily they tend to want to simply get their money back more than anything, and if you contact them, state that this was an accidental oversight, offer to return all the funds, and request from them a letter in which they formally agree to waive their pursuit of you both civilly and criminally, that would be the most ideal approach. This is not something to be taXXXXX XXXXXghtly, and why offering them the funds back is almost invariably the best approach to consider.

Good luck.

Customer: replied 4 years ago.

How should I word my reply?


Thank you for your follow-up. It may be wiser not to place anything in writing but instead simply appear at their main office, offer restitution, get them to agree to your terms, and issue you a letter on the spot. That will create less of a paper trail and will instead grant you a formal document stating that they will not pursue you for the debts owed. In a situation where you are potentially criminally vulnerable, putting anything in writing is somewhat risky.

Good luck.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Unfortunately, they want me to return their letter with my comments and sign it at the bottom. There's no phone number either but I will search for it on their website.


Thank you for your advice.


Find their location and show up in person. Putting your signature on anything is unwise, and they do have a few physical locations where you can appear in person. Bring the letter with you and ten sign it there but only when they agree to take the funds AND agree to not hold you liable for anything further--that waiver is key.

Good luck.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you

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