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  1. #1
    Join Date
    Sep 2011

    Default Didn't Claim Freelance Income While Unemployed in New York

    My question involves unemployment benefits for the state of: New York

    I lost my seasonal job earlier this year and went on unemployment. However, I still did some freelance work 1 day a week for a minimal amount of money. I probably won't even get a 1099 this year, though the company does have all my information. I got a summer job, which ended a few weeks ago, and now I am on unemployment again, and I went back to doing one day a week of freelance work. In total, there were 4 weeks for which I worked one day I did not report. I started to get very nervous that somehow my freelance work might be reported, so I stopped. The freelance money is so minimal, and I obviously need regular unemployment much more.

    I guess my question is, what should I do and what could happen to me? Should I just be honest from now on and hope those 4 weeks don't get noticed? If they do, I assume I would have to pay back the 1/4 of my benefits each week that I should have lost, but does anyone know how much of an additional penalty I might get, or how many weeks I may be disqualified from benefits?

    I guess I justified this because unlike other states, NY does not allow you to work at all without a reduction in benefits but I don't want to live in fear that I am committing a crime. Any information would be greatly appreciated.

  2. #2
    Join Date
    Sep 2010

    Default Re: Didn't Claim Freelance Income While Unemployed in New York

    Hopefully you're planning to pay taxes on this money (and potentially making estimated tax payments). If not you'll have additional issues.

    It was made clear to you in the paperwork given to you when you applied that you had to report work even part time, the freelance/self-employed case that applies to you is even printed in bold type to make it stand out. I'd do so now. Yes you'll have to pay back any benefits you were not entitled to.

    You are committing a crime. Failure to report even part time work being a crime is the FIRST thing that the claimant handbook warns you about.

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