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Old 10-18-2005, 10:26 AM
BarbS BarbS is offline
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Question Urgent - NY Unemployment Investigation 2 yrs later??

Sorry for the "urgent" post, but I just received a notice 3 days ago from NYSDOL, stating that I need to appear next week for an investigation. It is at the local county DOL office. The letter says the reason for the investigation is based on information that has been received regarding my eligibility for unemployment benefits which were claimed over 2 years ago. However, there is no indication what this "information" is.

For the background:
I received unemployment benefits for about 5 months in 2003. The company I worked for closed and I started at a new job after being unemployed for 5 months.

When first filing for benefits, I disclosed that I am VP & Secretary in the S corp that my husband & I own, although he is the one that performs the work that brings in the income. I was asked for more info regarding my monetary investment and day-to-day participation shortly after filing, and provided it to them. They must have determined it was ok at that time, because after that I was able to collect benefits.

Here are my questions:

1. Do I have the legal right to know beforehand what this "information" they claim to have is so I can be prepared to address the specific concern?

2. What am I legally required to give to them? They want me to bring ALL business records for our S-corp (no time limit), ALL business records for a tiny non-profit org that I was secretary/treasurer for (about 1 hour/month participation, no renumeration), and my 2003 and 2004 federal income tax returns. This seems excessive, and unnecessary since it is a 5 month period in 2003 under investigation. I don't want to bring anything with me that I should not be required to provide. I also am no longer an officer of the non-profit, so I do not have these records (which go back to the early 1900's).

3. Is there a time limit for initiating an investigation after benefits were received?

I know that the various agencies have rules regarding these types of things, but often go "fishing" by asking for more and hope we don't know our rights.

I did spend a fair amount of time on the NYSDOL site and could not find any answers to the above questions regarding my rights in an investigation.

Thanks in advance for any advice!!
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