NEW YORK UNEMPLOYMENT INSURANCE - CAN EMPLOYER CONSENT TO INELIGIBLE REQUEST FOR BENEFITS - CONT PART 4

Thus, it would appear that the Department of Labor would consider, at the very least, the employee to have committed fraud because the employee, although consented to by the employer:

1. Failed "to disclose information on [his/her]  application for benefits, including lying about how [he/she] lost [their] job" and/or provided false information.

2. Collaborated "with an employer to illegally claim unemployment insurance benefits."

From the Department of Labor website:

"Unemployment Insurance Benefits Fraud

Report UI Fraud

(Online Form)

24-Hour Toll-Free Hotline
(1-888) 598-2077

When someone collects unemployment insurance (UI) benefits by lying to the Department of Labor, he or she is committing fraud. We take UI benefits fraud very seriously. It is a crime that affects businesses and workers. It drives up UI costs to law-abiding businesses, and it leaves honest workers unprotected. We need every dollar to help those who honestly need these benefits.

Some examples of UI benefits fraud include:

• Providing false information or failing to disclose information on your application for benefits, including lying about how you lost your job
• Working while collecting unemployment benefits and inaccurately reporting your days and earnings
• Working any amount of time in a week while collecting benefits and telling us you did not work
• Earning more than $405 from employers in one week where benefits are collected and not correctly reporting true total earnings for that week
• Failing to be ready, willing and able to work (e.g., out of the area, on vacation, sick, suffering total disability) while collecting UI benefits
• Working "off the books" while collecting benefits
• Using another person's identity (e.g., name, social security number) to file fraudulent claims
• Helping another person file a false unemployment insurance claim
• Collaborating with an employer to illegally claim unemployment insurance benefits

Any person who commits fraud will have to pay us back the money. He or she will be penalized, and may be arrested and prosecuted.

We need your help to keep the UI system fair for everyone. If you have reason to believe that someone committed UI benefits fraud, please contact us. You may remain anonymous.

You can report UI benefits fraud three ways:

Report UI Fraud

(Online Form)

• Click the button to the right to use our Online Form
• Call our hotline toll-free at (1-888) 598-2077
• Report by mail to:
  
  NYS Department of Labor
  Office of Special Investigations
  Bldg 12 - Room 576
  W. Averell Harriman Campus
  Albany, NY 12240"