Q: State said it has information detecting that my friend is currently working when he stopped. What should he do?
My friend has been working for a 4-week internship during the summer. He worked for 5 days a week, however he claimed for three days. The state is now asking him to provide information regarding my employer offering me internship, and asking which days of the week he worked for. What should he do in this case?
A:
The state, meaning the DOL, can detect the specific IP address where any claimant logs in to certify for benefits. The DOL also warns claimants to never disclose their login credentials to anyone else. When someone other than the claimant certifies for benefits the DOL discovers that as well. It is not uncommon for claimants to attempt to certify for unemployment benefits from foreign countries. That is very easy to track and forbidden unless the claimant requested permission to do so before leaving the country.
Did your friend report the earnings received for the 4-week internship at 5 days per week? If not, why not?
Providing false information to the DOL could amount to insurance fraud if such information is given to hide or to not disclose income. For example, if your friend failed to report working more than 3 days per week at any time while claiming benefits that is probably fraudulent. Not disclosing all earnings from all sources to the DOL is not good. If your friend then decides to attempt to hide the fact that all income was not reported for any earnings period that would also be fraud or fraud on top of fraud.
No lawyer may charge any potential client for legal advice regarding unemployment benefits unless the lawyer prevails (i.e. wins) at hearing or appeal AND the fee agreement which your friend signs with a New York employment lawyer is approved by the NYS Department of Labor after the lawyer reports that your friend won at a hearing or an appeal. Those fee agreements are on a contingent fee basis. That means that your friend owes nothing, zero, unless their lawyer wins. But I don't see good cause for doing what your friend did although an employment lawyer might possibly uncover facts to support such cause?
Your friend absolutely must call many employment lawyers immediately. New York lawyers are prohibited from charging any money to consult on unemployment appeals matters unless: 1) the lawyer wins a hearing or appeal for an employee AND 2) the lawyer's fee agreement with that employee is approved as reasonable by the NYS Department of Labor after the lawyer shows that they won a hearing or appeal for an employee.
So there is no reason for your friend not to get on the phone and start calling many lawyers for help. Good luck.
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