Skewed Reporting and Separation Pay

[volsteve]

My question involves unemployment benefits for the state of: NY

In 2008, I worked for a large corporation on a part time/on call basis while also working part time for another company. The other company eliminated my job and I was awarded unemployment benefits based on that history while still working for the first company. I usually worked only one or two days per week and not every week. When I worked, I reported those days on my claim and got partial benefits as I did not earn enough to disqualify me for the week. In December of '08, the company closed down a number of locations and terminated everyone. As this was covered under federal labor law, we all got 90 days of pay based on our previous earnings, paid out every two weeks. I attempted to file a claim but was told I could not collect on the new claim until the old one had been completed. That took the better part of 2009 with all the extensions.

I have now recieved a determination letter from the DOL that I have been found to "have made a factually false statement that you were totally unemployed". They charged me back for some days during the latter part of '08. The days show up on their list as worked and paid, worked and not paid and paid when no days were worked. I think this stems from my employer paying every two weeks for work weeks ending on a Friday and UI filings for weeks ending on Sunday. As their claim only lists weeks involved, I have no idea what exact dates they are claiming I worked.

They are also claiming I worked the first three months of 2009. Not only had the company closed down the operation for which I worked, but I had left the state and was living 900 miles away. The company, while issuing severence pay, apparently recorded the pay as for days worked, so, every check represented 2 days worked in each week. State labor law specifically states this is not employment and there is even a plain english version of the law in the unemployment handbook.

Even though I responded to their original letter with an explaination, they immediately issued a default judgement against me ordering repayment of my benefits and a penalty of two days lost for every day they dispute, which amounts to 64 days of future unemployment for which they will not pay.

My options, according to the letter, include requesting a hearing and returning to NY to dispute their determination based on information in documents I can't see. How do you think I should proceed from here?

[PattyPA]

If that's your only option except repaying, I suggest you do it. Contact the state to see how/if you can subpoena the relevant documents.