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I have a question about New York state unemployment, no, No,

I have a question...

I have a question about New York state unemployment

Lawyer's Assistant: Have you discussed this unemployment issue with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's actually regarding my husband's unemployment but he is not FT employed or a union member

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Customer reply replied 3 months ago
My husband is on unemployment but is a licensed real estate agent through Keller Williams. He has not made any commissions though. We thought that it was ok for him to still collect since it's a job based solely on commission but recently were told by a friend that that may not be the case. We are now worried about it....
Customer reply replied 3 months ago
Also want to add that my husband was laid off from his job which is why he is collection ui
Answered in 3 hours by:
4/22/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. So, generally,

In almost every state, an individual who files for UI benefits must meet specific eligibility requirements before benefits can be paid. For example, states require that the person:

  • Have received enough wages during the base period to establish a claim.

  • Be totally or partially unemployed.

  • Be unemployed through no fault of his/her own.

  • Be physically able to work.

  • Be available for work.

  • Be ready and willing to immediately accept work.

  • Be actively looking for work.

  • Be approved for training before training benefits can be paid.

The trouble here is that if he is receiving commissions, then he is employed. Even if he doesn't have an employer, receiving income would be considered being "self-employed."

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Accordingly, it is possible that your husband may have to pay back some of the money that he received from the unemployment office if he was employed. It is likely not going to be considered fraud in part because the state is only concerned with making sure they get paid back; not punishing him for it. Thus, I would ensure that he is ready and willing to pay back the money he received from unemployment as soon as possible and it should be resolved.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
He hasn’t received any commissions while on ui

I see. So, I'm a little confused. What's your concern?

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Customer reply replied 3 months ago
That by being employed by a real estate agency constitutes employment even though he has not made any income from it
Customer reply replied 3 months ago
because of that he would not qualify for ui benefits ...

I see. So, just so I'm clear, at no point did he receive UI payments and commission from Keller Williams, correct?

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Customer reply replied 3 months ago
No he has not received any commissions

Great. Ok, so if that is the case, then he is going to be fine. Although he is "employed," employment typically comes with some sort of compensation. For instance, in most cases, employees are paid within the first few weeks. If an employee is not paid, then although they are employed, they are not "employed" in the sense of the word. If your husband gets paid a commission, from the date that he is given a check and forward, he should stop using any UI money at all and return it back to the state.

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Customer reply replied 3 months ago
Ok. So as soon as any commission comes in he should stop using ui but you say he should pay back the state... is that just any money he’s taken around the time of that commission?
Customer reply replied 3 months ago
Is the time he invests in a listing considered working time? And it the ui money reciecved during “working” time on that listing should be paid back? There isn’t a whole lot of info out there about these type of situations and the unemployment rep my husband had check-ins with didn’t have a clue

Good question. It'll be tough timing, but I think that your husband should time it in a manner to where any money that is counted for UI between the day of his commission check and the day he receives his next UI check should be returned back to UI.

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If his UI check comes first, then a commission check, then he should probably return all of the money between the day of the UI check and his commission check. Does that make sense?

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Customer reply replied 3 months ago
makes sense

Excellent. Thanks for clarifying with me. Did you have any other questions for me regarding this today? If not, were you satisfied with your service today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Customer reply replied 3 months ago
No, I think I’m set. Thank you and yes I’m satisfied with the help today.

Thanks so much!

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