Unemployment

[knicks05]

I work at a seasonal job from April-sept for a union. I went on vacation from June 9-12 and claimed benefits that week as ready willing and able to work unknowingly you couldn't do that while on vacation. I do so again on aug 14-20 while on vacation. I did that because there was no work those weeks. I have to call my union for work. Should I call unemployment and notify them that I unknowingly did this. What would happen if I told them? It was unknowingly because I did not know at the time that was considered fraud until I recently found out. Will I have to repay back all my benefits? I'm in NY

 

[OHRoadwarrior]

You need to call and discuss the issue with them. Vacation does not always count against you, if it was taken in accordance with the union contract.

 

[commentator]

Did you receive vacation pay? If so, did you report it? That's also going to be a big issue. If you did receive any wages for that week, there's going to be a cross matching, and you'll be hearing from the unemployment system soon, whether you call them or not. By going on vacation, does this mean you like, took a cross country trip, went do Disney World, or does this mean you stayed home during the week there was no work for you? You may be completely exhonerated by this fact that the union was your sole source of employment, they were the only one you had to be able and available for, and you knew there would be no call to work for you that week. So be pro-active about this. Check with the unemployment system and discuss it. By the way, don't jump in and say, "Hi, I've committed fraud and I want to make it right!" It is entirely possible, based on the circumstances that there was nothing wrong with what you did. Say only that you'd like to clear up an issue, and discuss it with them in this way.

 

[knicks05]

I did not receive any vacation pay. It works like this, I call my union for work they either give me work or tell me to call back tomorrow. On rare circumstances they will call me up for work. I didn't receive any money during those two weeks but just recently found out I should have put down no for ready, wiing and able to work even though I was ready, willing and able to work. I went out of state during those two weeks I incorrectly claimed.

 

[commentator]

Frankly, I am not at all sure you have committed absolute fraud or done something wrong here. Because you could not have filed for the week until after it passed. Did you call every day during the week you were out of town, or had they told you they probably wouldn't have any more work for the rest of the week the last time you called before you left on vacation?

Since your union is your sole source employer, it would not be unreasonable to have you check for work one time at the beginning of each week. Nobody would require that you check with them every day. That would be somewhat of an overly demanding job search requirement. Of course you might want to check with them every day, that's your prerogative.

If you were told there was not going to be any more work available for you until say, the following Monday, then you pretty much free to leave town or do whatever you want to, as long as they, your sole source employer, does not contact you and offer you work which you refuse.

Many companies sign their employees up for unemployment while they are closed down for Christmas or summer holidays. These employees are "job attached" and do not have to register for other work or make a job search, other than being available for work if it were to come available for them from their permanent employer. They are not obligated to stay in town.

You say you did not receive any money. Your first week was your waiting week, on a new claim, right? So why did you not get paid for the second week? It sounds to me as if you should have been. You need to call and talk to the system anyhow. If as you say, you SOMETIMES get to work, you should be receiving unemployment benefits for any week they do not have work available for you. Or any week that you only work one or two days and do not receive as much gross wages as you would have made in weekly U.I. benefits

As I said, call and discuss it with them generally without saying, "I just found out I was supposed to ...blah blah blah. " By the way, "I just recently found out" you say that you did this wrong. Remember, no one can tell you for sure the answers to this question or what you are actually supposed to do except someone who works with the NY unemployment system. Your friends, co-workers, etc, are not reliable sources of information about claims.

 

[knicks05]

When I said I didn't receive any money I meant vacation pay. I knew I didn't have to call for work because I have a scehedule but I will call unemployment tomorrow thanks for your help.