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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Workers Compensation Overpayment Penalties in New York

    My question involves unemployment benefits for the state of: NY

    A friend is at the point of one error begets another etc... they are thinking of just packing the whole thing in and giving up their unemployment for fear of repercussions about an error they made - 4x. They do need it tho - they have no job yet....They are thinking It might be simpler just to give up a whole new year of benefits because of possible overpayments made to them - about 1200. The first error they made in frustration over not getting a person to talk with after not getting benefits for 3 wks - they were really freaking out and tried for 2 wks to get someone on the phone. They finally got thru at the unemployment office in NY and made a guess as to the last date of actual work in the process of filing a new claim. They were not at their place of residence and didn't have access to a computer. Because of this one wrong guess - forgetting exactly when the last day was - they reported a day in a week when they claimed full benefits -really stupid. (work such small hours at a time - only 4x a year for a school and so it's easy to forget the last day they worked it's like a consulting job)

    So, they were flagged for inconsistencies. They sent in their w-2 - it lnow ooks like unemployment has no record of them working during the reported yearlong period they worked - the school never sent in anything but for one quarter - they worked all 4 during the year, and this now has unemployment insisting they send in all paystubs for all 4 quarters to prove they made as much as 2000 which qualifies them for more time on a new claim - but could be reduce their payments possibly? They just wanted to keep their extremely am. part time position but not think they should have never even taken pay for this work. It would have been easier to work for free and keep collecting for all the trouble it may cause them now.

    Now it seems to have opened a Pandora's box. There may be issues of time worked vs. claimed time because they get paid biweekly so they put two days of work into one? Now, 12 hrs - 4 days shows where work was under reported to be 6 hrs. - 2 days. So, I guess this was an error and now I am reading about penalties and overpayments and hearings and they are scared to do anything exp. send in these paystubs. Wondering what kind of pain they are in for and if it's even worth the stress and headaches of sending in paystubs likely to show more inconsistencies. What are the penalties? How does unemployment determine what constitutes a simple mistake in not reporting 3 hours twice in a 2 week period, once every 4 quarters? Total unreported or "overpayment" is just for $1200 for the entire year because of a misunderstanding. Which can be paid back. Total hours unreported are 24 - or 6 "days" for 6 wks. Can you help? Should they just let unemployment go even tho they'd prob. would qualify for another yr.? Would this error disqualify them entirely so best to let sleeping dogs lie? Do they need a lawyer? Any advice appreciated.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Workers Compensation Overpayment Penalties in New York

    Work comp or unemployment?

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Workers Compensation Overpayment Penalties in New York

    Unemployment. Is this thread in the wrong place? Do I need ot move to unemployment q. area? How to?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Workers Compensation Overpayment Penalties in New York

    If you're stating that they've received payments and are being investigated for overpayment, pretending it isn't happening won't make the investigation go away.

    If you're stating something else, please explain what it is followed by a clear, understandable question.

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