Monday, May 16, 2011
Matter of Fierro v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Jan. 13, 2011), is an important-very important decision to be aware of. It carrys significance far beyond unemployment or even employment law.
The claimant here appears to have engaged in some type of larcency to obtain unemployment which resulted in a criminal conviction. Claimant was sentenced to probation and ordered to pay restitution. However, some what remarkably, he elected to spend a few months in jail-rather than pay restitution. That deal however, did not prevent unemployment from excercising its right to seek civil reimbursement for the claim.
This is a tough case. But the moral of the story is that the court system and administrative agencies are not playgrounds for litigants. Be careful waht you assert and review everything before it is filed.
Mitchell H. Rubinstein