Facts: The firm's client initially applied for unemployment benefits after her employer informed her that her job was to be eliminated. The client initially applied for benefits while residing in a foreign state. The client confirmed her benefits, via the Internet, in subsequent weeks, while she was either in a foreign state or country. The Department of Labor initially determined that some of the weekly confirmations were made in violation of New York Labor Law, claiming the client made "willful false statements to obtain benefits." The Department of Labor also demanded the repayment of over $4,000.
DECISION: After reviewing the evidence submitted and hearing the testimony of the firm's client, the Judge issued an award, in which she determined that the client did not make any false statements when she applied for, or confirmed, unemployment benefits. Specifically, the Judge determined that "all of her certifications were true and that there were no willfully false statements made."
The award also set forth that the client was allowed benefits with respect to the issues decided and was not required to repay any of benefits she received.
The firm is pleased with the Judge's decision. Since the client is a registered representative with FINRA, allegations regarding misrepresentations could have been required to be disclosed on the broker's form U4 and U5.
Hearing Requested: July 18, 2012
Decision Mailed and Filed: October 5, 2012
Claimant's Legal Representation:
450 7th Avenue, 30th Floor
New York, NY 10123