I'm short $2,500 to= 1/2 my highest paid Qtr in 2016 for eligibility, anything I can say in hearing?
Hello, I worked doing security last year $300 a week, then coached in the fall & received my stipend in Dec. thus my highest Qtr came to $9500. in Dec 2016. I was done with coaching & working security at the same time Jan 2017, but I also coached Basketball at another school & made another $2,000 until March 2017. Im now told I did not reach 1/2 of that $9500 in any qtr. so they can not process unemployment, even though I've been logging hours on the NYS site & been waiting since June, until I FINALLY got thru to them today. Im desperate for assistance, can I do or say anything at a hearing? Thank u so much!
1 answer | asked Aug 24, 2017 1:40 PM [EST] | applies to New York
Answers (1)
Documents. Bring records with you. Bank statements, tax returns, deposit slips or anything else which shows how much you earned.
I have practiced law in 3 states with New York being my final stop. I find New York's civil servants, maybe even more than other states', want to help employees. They are not out to deny you benefits.
But Administrative Law Judges (ALJs) and DOL employees can only do so much. They have no equity jurisdiction. They can not do what they think is right. They have to follow the written law and rules.
Bring 2 copies of every single document (and move it to be marked and accepted as evidence at the appropriate time which the ALJ will help you do) which shows how much you actually earned in each relevant quarter. The DOL may or may not have a representative at your first hearing but that's irrelevant. The ALJ will review all of your records, verify or document that they differ from what was reported as earnings, and will tell you in a decision why you do or do not qualify.
Your case is pretty straight forward. You either can show you earned enough to meet what the LAW requires (no fudging or guessing) or you do not. Good luck.
posted by V Jonas Urba | Aug 24, 2017 1:54 PM [EST] [ Best Answer - selected by asker ]
I have practiced law in 3 states with New York being my final stop. I find New York's civil servants, maybe even more than other states', want to help employees. They are not out to deny you benefits.
But Administrative Law Judges (ALJs) and DOL employees can only do so much. They have no equity jurisdiction. They can not do what they think is right. They have to follow the written law and rules.
Bring 2 copies of every single document (and move it to be marked and accepted as evidence at the appropriate time which the ALJ will help you do) which shows how much you actually earned in each relevant quarter. The DOL may or may not have a representative at your first hearing but that's irrelevant. The ALJ will review all of your records, verify or document that they differ from what was reported as earnings, and will tell you in a decision why you do or do not qualify.
Your case is pretty straight forward. You either can show you earned enough to meet what the LAW requires (no fudging or guessing) or you do not. Good luck.
posted by V Jonas Urba | Aug 24, 2017 1:54 PM [EST] [ Best Answer - selected by asker ]
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