Spotlight

3 February 10	Documentary Filmmaker's Web Site Doesn't Affect Current Unemployment Claim, Judge Rules A man who was told that he was ineligible for unemployment benefits because he was still running a web site for his freelance work was recently defended by SBLS attorneys who helped him win his benefits. Mr. D is a documentary film maker who made many films for public television in the past. Mr. D sold his documentaries through a website business. In the last few years, Mr. D’s documentary film production slowed down. His last production was completed in 2008. However, Mr. D kept his website active and occasionally sold copies of his films from his home. In order to support his family, Mr. D took a job as a limousine driver and later worked as a security guard for the Transporation Security Administration (TSA) in 2008. He lost his job from TSA in September 2009 and filed for unemployment benefits soon thereafter. The Department of Labor denied his claim for benefits because of his documentary film business which was still active. Mr. D requested a hearing and contacted our office for representation. Under New York unemployment law, a principal in an ongoing business may be considered to be not totally unemployed and therefore ineligible for benefits. In July 2009, after advocacy by SBLS and other advocates from the UI coalition, the DOL issued a new policy regarding claimants with businesses. This new policy allows employees, with part-time home based businesses, who lost their full-time employment to receive unemployment benefits. Under this policy, a claimant would only be ineligible to receive benefits on the days he/she was actually working on their part-time business. Using the new July 2009 policy, SBLS successfully advocated for Mr. D at his hearing and convinced the judge that Mr. D’s part-time business should not make him ineligible for benefits. Mr. D, who has just secured new employment as a security guard, will receive 3 months of retroactive UI benefits in the amount of 3,744.00. (Employment) \| More SBLS Spotlights >

3 February 10

Documentary Filmmaker's Web Site Doesn't Affect Current Unemployment Claim, Judge Rules

A man who was told that he was ineligible for unemployment benefits because he was still running a web site for his freelance work was recently defended by SBLS attorneys who helped him win his benefits.

Mr. D is a documentary film maker who made many films for public television in the past. Mr. D sold his documentaries through a website business. In the last few years, Mr. D’s documentary film production slowed down. His last production was completed in 2008. However, Mr. D kept his website active and occasionally sold copies of his films from his home. In order to support his family, Mr. D took a job as a limousine driver and later worked as a security guard for the Transporation Security Administration (TSA) in 2008. He lost his job from TSA in September 2009 and filed for unemployment benefits soon thereafter. The Department of Labor denied his claim for benefits because of his documentary film business which was still active. Mr. D requested a hearing and contacted our office for representation.

Under New York unemployment law, a principal in an ongoing business may be considered to be not totally unemployed and therefore ineligible for benefits. In July 2009, after advocacy by SBLS and other advocates from the UI coalition, the DOL issued a new policy regarding claimants with businesses. This new policy allows employees, with part-time home based businesses, who lost their full-time employment to receive unemployment benefits. Under this policy, a claimant would only be ineligible to receive benefits on the days he/she was actually working on their part-time business.

Using the new July 2009 policy, SBLS successfully advocated for Mr. D at his hearing and convinced the judge that Mr. D’s part-time business should not make him ineligible for benefits. Mr. D, who has just secured new employment as a security guard, will receive 3 months of retroactive UI benefits in the amount of 3,744.00.

(Employment) | More SBLS Spotlights >