What to do if my father filed unemployment while he was outside of the country?

I’m not sure he knew this was illegal. He does not speak English and I don’t know if he was able to read through the laws that the unemployment department has. He had to leave soon after he was laid off due to his mother’s passing. While he was overseas he applied for unemployment through the internet. He was in his native country for exactly 10 days. When he came back he called them to ask what was going on since he did not receive any payment and they told him that they tracked him trying to file for unemployment in another country. They asked him to send copies of his passport and until this date he doesn’t know what is going to happen.

Asked on February 2, 2013 under Criminal Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Some states consider filing while out of the country unemployment fraud and are going to great lengths to deal with those who file in those circumstances.  You see you can not claim benefits for the days that you are considered to be unavailable for work - on vacation or what ever.  You have to be ready, willing and able to take employment.  Your Father was not able since he was away.    What he should do is to speak with an unemployment specialist about possibly refiling the claim now that he has returned.  And I might speak with an attorney to help here.  Good luck.


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