BUFFALO, N.Y. -- A state appeals court Thursday ruled an out-of-work racetrack announcer who paid a radio station to let him host a talk show must repay unemployment benefits even though he was not paid for the air time.
John Bothe lost his appeal of a state board's decision telling him to repay $605.50 in benefits paid between April and July while he hosted the weekly radio show for free. The court also upheld the Unemployment Insurance Appeal Board's decision to withhold 104 days worth of future benefits after finding that Bothe made false statements.
Bothe, an announcer at Batavia Downs harness race track, said he was trying to land a full-time radio job when he paid a Batavia radio station about $1,000 for air time after the racing season ended.
But in a September decision, the appeal board ruled that someone collecting unemployment benefits is considered employed if he or she works "even an hour or less."
Five judges on the midlevel Appellate Division of State Supreme court agreed, finding that Bothe did the free radio stint "in anticipation of financial gain, either through eventual profits received from the advertisers or an offer from a potential employer."
"I think it's crazy," Bothe said of the ruling. "I'm just trying to get myself in a position where I could get a job instead of just doing nothing. I still can't believe paying for work is considered work.
"It's very frustrating because I think the law is wrong," he said.
Bothe said he would appeal. Because the appellate ruling was unanimous, he needs permission from the Court of Appeals to appeal.
Email This Page!