Need a question asked about my unemployment...

The DOL will apply the law uniformly to everyone. If they claim you were not totally unemployed they either have evidence that you earned money which you did not report or that you worked more than 3 days during a week. For example people who have their own businesses work at least 5 minutes every day so that would be problematic. Also, not telling DOL that you plan to run your own business would also be a problem since they need to know at the time you apply for benefits because otherwise they cannot determine who is or is not earning money on their own. You can call Jacob Korder Esq. who is very well versed in New York unemployment benefits. Here are 2 suggestions either way. #1 Make sure to request a complete file of your claim from the DOL before your hearing. They have evidence that you were not completely unemployed and you will need to cross examine the DOL's witness and submit your own bank statements and other evidence to prove or try to prove what income or earnings you had. #2 Testify honestly. A number of years ago when I had time to do these hearings I represented a highly paid sales person who I never met in person. I did have many many documents including sales logs, employee handbook, pay records etc... Everyone appeared by phone and my client lied. I just about hung up. I knew that he needed to tell the truth and that I could not lead him meaning to give him the answer. I had to repair his testimony without handing him or telling him what document he needed to honestly explain. I did it. Don't ask me how. I was amazed myself. The DOL even audited that transcript to make sure I had not led my own client. The client was ecstatic and thanked me for weeks thereafter.The moral of that story is to tell the truth. If I figured out my own client was lying so will the DOL judge. They have heard it all. They nor I need to see a client testifying to hear the truth. Its not that hard when we've done this for 30 years. So don't lie. Introduce all financial records which might help you. They want to give you benefits if they can so don't make it impossible for then to do so by not telling the truth.