Should an employer have to pay part of my unemployment penalties?

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Should an employer have to pay part of my unemployment penalties?

I was told to go on unemployment during the winter. I was also told I had to plow snow during unemployment. I then got reported for not reporting earnings to unemployment and now have to pay a BIG fine for back wages. Should the employer who made me work during this have to pay part of the fine?

Asked on January 2, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, your employer is not liable for your failure to report earnings. The reason is, the obligation to report earnings is on you--not on your employer--and therefore the consequences of failing to report is yours, also. (Consider: if you fail to report or pay taxes on your income, it is you, not your employer, who is liable.) Also, the employer (1) did not "make" you work--you could have refused to work if you believed it was not in your interest; and more importantly (2) even if you chose to work, you could also have reported the earnings and not collect unemployment while working.


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