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Matter of Lasker (Commissioner of Labor)

N.Y. App. Div.November 9, 2017No. 524720Cited 3 times
Defendant Win
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Case Details

Judge(s)
Garry, Lynch, Devine, Mulvey, Rumsey
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Appellate Division affirmed the Unemployment Insurance Appeal Board's decision that claimant was ineligible for unemployment benefits because he was not totally unemployed while winding up his former corporation, and upheld the recoverable overpayment and penalties.

What This Ruling Means

# Lasker Unemployment Benefits Case Summary ## What Happened A man claimed unemployment benefits after his corporation was sold. However, the state labor department denied his benefits, arguing he wasn't actually unemployed because he continued performing work—specifically, handling closing activities for his sold company. The man appealed this decision, insisting he deserved the benefits. ## What the Court Decided The court sided with the labor department and rejected the man's appeal. The judges agreed he was not "totally unemployed" since he was still working on company wind-down tasks. The court also upheld a finding that he had made false statements on his benefits application and ordered him to repay the benefits he had received, plus penalties. ## Why This Matters for Workers This case shows that unemployment benefits have strict requirements. Simply being laid off isn't enough—you must be completely out of work. If you continue any job-related activities, even temporary ones like closing business matters, you may not qualify for benefits. Workers should be honest on applications, as false statements can result in repayment requirements and additional financial penalties.

This summary was generated to explain the ruling in plain English and is not legal advice.

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