Spring Valley, NY asked in Employment Law for New York

Q: can you go on vacation in US while on unemployment in NY, can it still be considered ready willing and able to work?

It seems that the NYS dept of labor asks you to notify them if you travel outside of the country. So common sense says that while traveling in the US, you can still collect unemployment

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Doesn't matter where you travel. When you log into your DOL portal and if the person logging in is not you or you are logging in from a location which is not your residence or home base (easy for DOL to track that) you better be able to explain why.

If you tell DOL that you are traveling anywhere in the world for job interviews and can prove that you had interviews lined up before you left that might be OK? If you travel to other states you are probably not ready to start work the same or very next day and that's not OK.

If you try to start your own business without telling DOL before you launch it you are done. No benefits no excuses. When you expect DOL to pay you benefits you must comply with each and every rule they have or risk being penalized or denied or both.

Many employers will assure employees don't worry we won't object and you will recover benefits. I have won cases where everyone including my own client and their employer and the employer's lawyer thought my client was an independent contractor. They were not and on appeal I won even though a written agreement signed by my own client and their former employer said the opposite. Usually parties can contract in writing but not if those contracts go against DOL laws and regulations or rules.

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