Ineligible for Unemployment due to side business- HELP!!

[anteros511]

What is the name of your state? NEW YORK

Hello everyone! After a long 12 week NIGHTMARE trying to obtain unemployment benefits in NYS after being laid off from my job of 4 years, I was denied such in front of the Administrative Law Judge for having an active S Corporation. I tried to prove that the business never did and does not have any income/profit (which is 100% TRUE since I had been pouring in my own money while working at my job.

I now want to appeal the DOL decision and disolve the company, close bank acct, etc... My questions are:

1. Once I disolve the company I will be eligilble for unemployment? and,
2. Will I receive my past weekly claims I filed before the dissolution?


Thanks for all your help and any additinal information I might be missing here. The system seems so unfair; I've worked so hard and paid all my taxes (over $100,000 in 4 years to be exact!) and now I can't get what I deserve. Nice, eh?

-Richard

 

[cbg]

The answers to both questions depend on NY state unemployment law. I'm sorry, but I don't think any of the regular responders are from NY.

You would be better served by calling the unemployment office and asking your questions of them. Only they will be able to give you a definitive answer.

 

[HomeGuru]

I do not believe that we were told the complete story by the writer.

 

[cbg]

Probably not, but the answer's the same either way. Only someone from the UC office of the appropriate state can give a definite answer to UC appeals questions.

 

[HomeGuru]

Correct.

 

[JETX]

I agree completely with cbg on this one. However, I also offer the following general response to your questions.

"Once I disolve the company I will be eligilble for unemployment?"
*** Probably not. The purpose of unemployment compensation is to allow an person alternative income while searching for a job. It is not an inherent right, but is a privilege. If the department felt that you already had another source of income, profitable or not, you would not be eligible for compensation. Simply, you have a job. Removing that 'job' after the fact would not affect their decision.

"Will I receive my past weekly claims I filed before the dissolution?"
*** Again, no. Your 'dissolving' your current job would not make you retroactively eligible for compensation from a PREVIOUS employer.