brooklyn Unemployment Fraud Lawyer
If the New York Department of Labor is charging you with unemployment fraud or potentially building up a case against you, it’s vital that you understand what you’re going up against. Being found guilty could result in some severe penalties, but the right Brooklyn unemployment fraud lawyer can help you get the best result for your case.
From what constitutes unemployment fraud to its penalties and the ways you can defend yourself, this guide has you covered with everything you need to know about the crime.
How Unemployment Fraud Works
The New York Department of Labor has a broad definition of unemployment fraud, essentially categorizing it as any instance where someone obtains unemployment insurance benefits because of false information.
Now, for it to be considered fraud, it needs to be intentional on the part of the perpetrator. If it was just an honest mistake and you can provide evidence of that, then you may have a potential defense that at least allows you to avoid the harshest penalties.
Examples of Unemployment Fraud
Although there are many ways a person can commit unemployment fraud, there are a few common examples.
The first comes when you first apply for unemployment. If you lie about anything, such as your previous income or how you lost your job, and it leads to you receiving unemployment, then that would be unemployment fraud. Saying you were fired when you actually quit is one such situation. Since the Department of Labor double checks the information you submit, it’s unlikely you’d get away with this, but it’s still possible.
If you’re approved for unemployment insurance, you need to send in your benefits form, either online or by mail. On this form, you must indicate if you performed any work during the time period the form covers, how much you were paid for that work and if you were ready to work every day. If you left out information about work that you had done, that counts as unemployment fraud. Another example would be if you want on vacation, meaning you weren’t in the area and therefore were unavailable to work, but you still claimed unemployment benefits anyway.
Punishments for Unemployment Fraud
The extent of your unemployment fraud punishment will depend on how much you got in benefits through your fraud, as it can be a misdemeanor or a felony.
Any type of unemployment fraud can result in fines and jailtime, along with paying back what you obtained fraudulently. In most cases, your punishment will be restitution for what you took and a fine. More importantly, you could end up barred for life from receiving any more unemployment benefits.
What to Do About Unemployment Fraud Charges
The best decision you can make for yourself if you’re facing unemployment fraud charges is hiring a skilled lawyer who can work on your defense. The sooner you do this, the better, as a lawyer can advise you on what to do moving forward. They may be able to negotiate a deal for you to get you off with only a fine and restitution, avoiding any time spent in jail. They can examine the case against you to see what evidence the prosecution has and if you can make the argument that you simply made an honest mistake.
Our firm of Brooklyn unemployment fraud lawyers is here to help. When you contact us, we can consult with you, get your defense ready and make sure you have the best legal defense throughout your entire case.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic