If I am ineligible for unemloyment benefits because I didn’t report1 day of workwhile receiving benefits, should I appeal or accept loss?
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If I am ineligible for unemloyment benefits because I didn’t report1 day of workwhile receiving benefits, should I appeal or accept loss?
I was receiving unemployment benefits. I was offered work by a temp agency which I took. I worked 1 day but didn’t like the job and what I was going to be doing; it wasn’t a good fit for me. I didn’t report this 1 day of work to unemployment because I had quit the job. Now I am ineligible for benefits and have an overpayment of over $2,000 that I have to repay unemployment. Should I appeal decision or accept loss?
Asked on December 22, 2011 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Definitely appeal--you may be able to at least reduce the overoverpayment, and/or possibly even get reinstated (possibly with a slight delay or penalty). If you represent yourself, the appeal is essentially free--you risk little or nothing and have everything to gain. Or you could invest a few hundred dollars in an attorney with unemployment appeals experience, which will increase greatly your chance of winning. If possible, find an attorney who will give you a free initial consultation to review the case (many will)--this will let you better decide what to do.
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