Unemployment Question!
December 29, 2009 1:52 AM   Subscribe

Question regarding working o the books while on unemployment

I am on unemployment, and I just recently started working as a food server off the books. There are some nights that it is so slow that I might leave after a few hours with zero dollars. There are other nights that I might make only $50. Lets say that if I report to unemployment that I worked 2 days in a week, that they decrease my benefits by $200. Is it wrong to only report a day of work for every $100 that I make?
posted by JakeBarnes to Law & Government (6 answers total)

This post was deleted for the following reason: at poster's request -- mathowie

 
Wrong by what standard? By their rules it's definitely wrong, but it's wrong to work off the books in the first place, so....
posted by ThePinkSuperhero at 4:49 AM on December 29, 2009 [1 favorite]


I know two people who do not report any earnings until it equals a week /5 solid days of work. They are both freelancers who might work one or two days a month. They do this to avoid the interruption to their unemployment insurance, yet (in the end) report it honestly.

I am (still) unemployed and, when I worked for two days, reported it in "real time" and did wind up losing some benefits as a result. It's your call, but I think that kind of thing can definitely come back to haunt you (thus my reporting in real time).
posted by marimeko at 5:20 AM on December 29, 2009


IAAL, but IANYL. These are examples from Indiana state law, where I happen to live and practice, and while they are probably generalizable to an extent, thresholds and numbers are likely to vary widely from state to state.

I think you're thinking about this in the wrong way. In general, you are required to report earnings, not work as such. You are also generally required to report earnings when you earn them, not when you are paid, and to report gross earnings, not net earnings. But every state, as far as I can tell, requires you to report all earnings, even cash payments, and full-time work, even for less than your benefit eligibility, will generally disqualify you.

Unemployment cares less about how much you work than about how much you make, but they do care about where you work. Wages earned from an employer you worked for before you received benefits are treated differently than wages earned from different employers. Wages from an old employer are usually deducted dollar-for-dollar from your benefits, but wages from new employers are generally required to be at least 20% or so of your benefits before they start deductions.

Basically, yes, you do need to report income as you earn it, and yes, you do need to report all income, but no, you generally don't need to report work you did for which you were not paid.

If you want a definitive answer, contact your benefits administrator. I'm sure they'll be happy to help.
posted by valkyryn at 5:47 AM on December 29, 2009


Response by poster: Thanks everyone. Just to clarify, in this state, they only ask how many days. Not how much. So if I work one night and make $15 and report that as a day of work, I lose $100 in benefits. Nonetheless, I will call them and find out.
posted by JakeBarnes at 10:04 AM on December 29, 2009


Response by poster: BTW, This is with respect to NY
posted by JakeBarnes at 10:22 AM on December 29, 2009


if you're working off the books, don't bother reporting it at all. they're not going to file taxes on you, so no one's going to find out about it, including unemployment. keep your $15 and call it good.
posted by misanthropicsarah at 6:06 PM on December 29, 2009


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