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taxmanrog, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 647
Experience:  Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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the department of labor of new York state is threatening a

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the department of labor of new York state is threatening a lein . can I stop them the agent on my case will not work with me at all.

Welcome to Just Answers! Thank you for giving me the opportunity to assist you! I will do my best to help!


Did you give the agent the schedule of employees, hire dates, wages, etc., that I suggested you prepare? I don't know how she can ignore it, unless she feels or has evidence that you have omitted employees, or have paid people off the books!


You have the right to request a hearing when you disagree with a determination about your liability under the Unemployment Insurance Law or a claim for benefits filed by a former employee.


To request a hearing, you have to submit your written request to the office that issued the determination within 30 days after the mailing date or personal delivery of the determination. In your request, you must give the Department your grounds for challenging the determination (list specific events or facts - this is where the schedule I told you to prepare comes in handy).


The first step in the hearing process depends on your reason for a hearing request. If you asked for a hearing because you disagree with the findings of an audit or other investigation, the Department will schedule an informal conference at your convenience, prior to the formal hearing, to attempt to resolve the matter. At this conference, you may bring your own representative (an accountant or attorney). The DOL representative will explain the basis for the determination and answer your questions. You will have the chance to present more information that may change the original determination.


If you and the DOL do not resolve the issue at the conference, the next step is a
hearing before an administrative law judge. In either case, interest continues
to accrue on any unpaid balances at the rate of 12% per year, from the original
due date to the date of payment. You can pay the amounts due, to avoid further
accrual of interest. If the outcome is in your favor, the DOL will refund the amounts
paid under protest.

I hope this answers your questions! If you have any more, please let me know!


Again, thanks! Have a great weekend!



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Customer: replied 3 years ago.

actually what happen is I have been paying off this fine for two years now and I just found out that the agent that filed the paper work changed dates on me. once I found out what she did this I have been in discuss with the new agent on my case and I am getting no where, she actually added two years of fines on to my case and 3 extra employees with those fines. She switch paper work with numbers that I filled out with numbers that she filled in. Also she used a paper with my signature on it with no date. I got copies of the paper the new agent sent me and you can tell the numbers and on the pages are not my writing and she substituted the back page with my signature on it. the problem is that back page has no date but it is my signature but I don't remember signing it.

What you are describing sounds like it is on the verge of fraud committed by the DOL! I would again, as I said, request a hearing. If she has added new employees that were not on the original paperwork, you have the right to appeal. Hopefully, your paperwork will be enough at the hearing to show the agent's error. I would probably bring an attorney to the hearing as well. Tell them at the hearing that the signature is yours but it was not dated, and was not with the papers that the agent has associated them with.


I hate to see fraud and manipulation! As I said, this is one instance when an attorney would be a good investment. I usually like to do as much as I can, but this time it is better to be on the safe side!


Thanks again!



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