Matter of Lefkow (Commissioner of Labor)

**Worker Loses Unemployment Benefits for Living in Costa Rica** This case involved a worker named Lefkow who applied for unemployment benefits while living in Costa Rica. When collecting unemployment benefits in New York, recipients must certify each week that they are available for work and actively seeking employment. Lefkow continued to certify her eligibility and collect benefits despite residing outside the United States. The court upheld the Unemployment Insurance Appeal Board's decision that Lefkow was not entitled to unemployment benefits. The court found two main problems: first, she was not actually available for work while living in Costa Rica, and second, she made false statements when she certified her eligibility for benefits knowing she wasn't available for work in New York. As a result, Lefkow must pay back all the unemployment benefits she received (called overpayments) plus additional penalties for her false certifications. **What this means for workers:** To receive unemployment benefits, you must genuinely be available for work in the area where you're claiming benefits. If you move away, especially to another country, you likely won't qualify for benefits. Always be truthful when certifying your eligibility, as false statements can result in having to repay benefits plus penalties.