Lying on unemployment claim?

[Redz28]

What is the name of your state (only U.S. law)? Ohio

I was laid off early this year. Ive been honestly looking for jobs and trying to get back on my feet. I took a job as a mechanic that pays commission only because they shop promised training and steady work. Well Ive worked there for two weeks now and I think Ive earned maybe $100 and its dead. Every day I work there to earn maybe $20 I am unable to claim on unemployment. (far less than I'd make on unemployment)


If I quit this job and or report it I stand to lose thousands of dollars of unemployment benifits. What happens if I quit and tell them I never had a job and keep claiming benifits?

 

[Redz28]

I guess what Im asking is what happens if I get caught? They claim the cross check based on ssn #s and they can prosecute if you are caught. I dont think I should be unfairly punished for trying to get off unemployment but it not working out. I tried to get a decent honest job, but Im making less than minimum wage at this place. Its not that I dont want to work but this company lied to me about earnings potential and business.

 

[cbg]

The BEST outcome you can hope for is that you have to repay all the benefits you earned when you were no longer qualified.

If you're lucky, that's all that will happen. If you're not.....

Truly, you don't expect people on a legal board to advise you to cheat the UI office, do you?

 

[pattytx]

Having said that, though, you still have to make minimum wage. No two ways about it. Contact the state Dept. of Labor regarding filing a minimum wage violation.

 

[Redz28]

I dont know that it would go through the state its railroad unemployment. This place can get away with it because they pay mechanics only on commission. They can work you 60 hrs a week if they want, not pay overtime, and if you only make $150 for 60 hrs of work, its your fault for not upselling enough. As the junior tech I get the table scraps at best. On their busiest days they schedule the 3 senior guys and Im stuck working the 2nd shift sitting around for 4 hrs a day not making a dime.

 

[pattytx]

Wait a minute. Where are you doing this mechanic work (not the name of the employer, but the type of business)?

 

[commentator]

commentator

Okay, if I am understanding what I think I'm understanding, you have not filed your weekly certification for unemployment for these last two weeks since you've been working as a mechanic, right? That's what I hope. Because what causes you to receive your weekly pay is that you certify. And each certification has the question, "Did you work?" in some form size shape or fashion.

If you are making such a small amount you very likely can file for part of your unemployment insurance, and still work. I'm sure that what you have been making is less than your weekly unemployment benefit payment would be. What you need to do is immediately contact the unemployment office and explain the situation NOW. It may be possible for your to continue drawing and work on this job, since it is paying you so little. You would report your earnings each week as you made them. If you have a really good week and make more than you can draw, you will have to reopen your claim the following week. It sounds, however, like you probably need to let this job go, as it will hold you back from finding another job that would pay you a living wage.

This will involve working closely with the unemployment office. Do not think for a minute you can just not tell them what is going on. Because if you have missed two weeks, you will have to re-open your claim to begin receiving benefits. If you do not report the earnings you've made, and this employer is a covered employer (pays in state unemployment taxes) and oh by the way yes, railroad systems pay it in, your name and the wages you have made will show up the next time they file their wage reports. The state system will cross match you, and bingo, you will receive a notice that you have been overpaid unemployment benefits while receiving wages you did not report. Don't let this get started. It will follow you for years, and they will try very hard to collect their money back.

The system is not set up to penalize you for trying to work. If the job you found is not an appropriate one, does not pay a living wage, you will not be expected to give up your benefits because you tried to work at it.

What you need to do is contact the unemployment office immediately and let them work through this situation with you.

 

[commentator]

commentator

I guess what Im asking is what happens if I get caught? They claim the cross check based on ssn #s and they can prosecute if you are caught. I dont think I should be unfairly punished for trying to get off unemployment but it not working out. I tried to get a decent honest job, but Im making less than minimum wage at this place. Its not that I dont want to work but this company lied to me about earnings potential and business.

You wouldn't be being unfairly punished for trying to get off unemployment, you'd be fairly punished for lying and trying to get benefits without keeping the system informed about your work situation, which they always ask about.

It sounds like you need to leave this job and re-apply for benefits, providing you have stopped filing while you worked here.

 

[Redz28]

Okay, if I am understanding what I think I'm understanding, you have not filed your weekly certification for unemployment for these last two weeks since you've been working as a mechanic, right? That's what I hope. Because what causes you to receive your weekly pay is that you certify. And each certification has the question, "Did you work?" in some form size shape or fashion.

If you are making such a small amount you very likely can file for part of your unemployment insurance, and still work. I'm sure that what you have been making is less than your weekly unemployment benefit payment would be. What you need to do is immediately contact the unemployment office and explain the situation NOW. It may be possible for your to continue drawing and work on this job, since it is paying you so little. You would report your earnings each week as you made them. If you have a really good week and make more than you can draw, you will have to reopen your claim the following week. It sounds, however, like you probably need to let this job go, as it will hold you back from finding another job that would pay you a living wage.

This will involve working closely with the unemployment office. Do not think for a minute you can just not tell them what is going on. Because if you have missed two weeks, you will have to re-open your claim to begin receiving benefits. If you do not report the earnings you've made, and this employer is a covered employer (pays in state unemployment taxes) and oh by the way yes, railroad systems pay it in, your name and the wages you have made will show up the next time they file their wage reports. The state system will cross match you, and bingo, you will receive a notice that you have been overpaid unemployment benefits while receiving wages you did not report. Don't let this get started. It will follow you for years, and they will try very hard to collect their money back.

The system is not set up to penalize you for trying to work. If the job you found is not an appropriate one, does not pay a living wage, you will not be expected to give up your benefits because you tried to work at it.

What you need to do is contact the unemployment office immediately and let them work through this situation with you.

Thanks for the post. Yes, I have yet to certify for the two weeks I've worked at this shop. While preparing to fill out the railroad unemployment claim (it does ask you have you worked for a non railroad employer and enter total wages earned during this 14 day period) I asked my new employer to print out what I earned for the first week there. Well for working 6/18 & 6/19 I made a WHOPPING $19.74 before tax for 16hrs of work!! Thats obviously WELL under min wage. Those are the only days I know of as of now. However, the work load there hasnt increased since then I do on average maybe 5 oil changes and a few tires a day on a good day. Most days I work the 1-9 shift and the place DIES around 6pm.

The main reason I took this job was they offered flexible scheduling, (afternoons so I could go back to school during the day) said they were busy and I figured no way I could make less then unemployment! Talking to employees there now I hear everyone there is having trouble making commission. I do want to work but if I knew Id be making $10-30 a day before tax on average I never would have taken it.

Ive looked this up RRB Form UB-9, Railroad Unemployment and Sickness Benefits and its says this:

Also, an earnings test is applied to unemployment claims. If a claimant’s earnings for days worked, and/or days of vacation or paid leave, in a 14-day registration period are more than a certain indexed amount, no benefits are payable for any days of unemployment in that period. Earnings include pay from self-employment and railroad, nonrailroad, and part-time work.

For the benefit year beginning July 2008, the earnings test is $1,230; and for the benefit year that begins July 2009 the test will be $1,280.

On the other hand, earnings of not more than $15 a day from work which is substantially less than full-time and not inconsistent with the holding of normal full-time employment may be considered subsidiary remuneration and may not prevent payment of any days in a claim. However, be sure to report all full and part-time work on your claims, regardless of the amount of your earnings, so the Board can determine whether it affects your benefits.


I would assume this means if Im honest and up front, if I make less than normal full time employment at this shop, I should still get unemployment to cover the differance? Im just terrified because its government red tape and I have a mortgage to pay.

 

[commentator]

commentator

It always amazes me that anyone would think they had to
"pre-prepare" to ask the unemployment office a question or go in and tell them the siutation. Because they probably not only have heard it before, they've heard it before--this morning. No, you do not have to go in and argue with them and tell them what you have to do quoting law. Yes, they will know how to deal with this situation.

If you are planning to go to school, you will need to factor this into your unemployment benefits, also. There are several programs to assist people who are drawing unemployment to return to school and further their training. Ask for information about these programs. You may be able to work part time, attend school and also receive benefits for a certain amount of time. But it is sounding like you need to get away from this job. In order to pick up any more benefits, you will need to re-open your claim. The reason you have left this job is that you have worked there two weeks, and they had greatly overstated the amount of money they told you you'd be making, and you've not even made enough to pay you for your gas to drive to the job. As I've said, the unemployment office isn't about asking you to make less than you could make drawing benefits.

 

[Redz28]

As I understand it, I cant just up and quit this new job without losing benifits for sure. Ive looked it up online and you have to talk to the boss and let him know your gripes and that you arent making enough. Give them a chance to correct the problem before just quitting. But I will call the unemployment and tell them the sit.

 

[ecmst12]

You should answer Patty's question.

 

[Redz28]

Its a national chain of tire and battery shop. They also have mechanics that do suspension, brakes and the like. Is that enough info?

 

[pattytx]

File a claim with the state DOL. Under these conditions, I'm not so sure you couldn't re-instate your claim without penalty, as long as you report what you DID make. The employer is NOT compliant with the minimum wage law.

 

[Redz28]

How can I file a complaint with the State Do. of labor? They can obviously get away with this because they do it and have been doing it for a while.

They are not the only shop that Ive heard of only paying commission. Its not like they lied to me when I hired on about that, they lied about it being busy. If they had told me "We are going to make you work only the 1-9 shift when its dead, come to think of it our business has been WAY down latey" I would have not taken the job. I think they are forced to pay a hourly wage, but ONLY if you dont touch a single thing the whole week. If I do one oil change and make $5 then I forefit my hourly wage. If all else fails I could always just go on a sit down strike... ha.

I just looked up min wage in Ohio its like $7.25 some of the lower level guys that only do tires there tell me they make $6/hr. I guess they can get away with this because they do that commission thing for everyone? Kinda like being a server at a eatery or something? Oh and they way they pay also allows them to schedule you for like 60 hrs a week and not pay overtime.