Help!!!!

[oakman34]

I was terminated from a job in June for attendence related problems, but when I applied for asked in the unemployment interview I stated I was laid off because I thought it was the same thing. This is in the state of NY. My employer is disputing the claim after 4 checks saying I was as terminated for attendence. A claims examiner will be calling next week. What should I do.

My first question is this a felony offense/misdismeanor?

Should I get a lawyer?

What is the worst that can happen to me?

 

[Smithy]

'Terminated' is when you mess up. (i.e. attendance, embezzling, leaking company secrets.) 'Laid Off' is when it is someone else's fault. (i.e. the company's sales are down and they can't afford to keep you, they were bought out.) They are very different things as you bring one upon yourself and the other one you can't do a thing about.

 

[buddy2bear]

If the claims examiner determines that you were terminated "for cause" and "misconduct" -- absenteeism -- he will deny your unemployment and a request for you to pay back the 4 checks you received will be made. If you do not pay these back, sometimes unemployment will hold this amount against your record and the next time you apply for unemployment, they will deduct the money from your next claim. It is possible also that if you do not pay these monies back, then if you get a tax refund from the State, that money could be deducted from the refund.

The only way applying for unemployment compensation can be a considered a criminal act is if you deliberately committed fraud. Just applying because you think you are eligible, is not fraud. Collecting unemployment and working at the same time, is.