Pay back Unemployment Benefits?

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Latest post Thu, Feb 15 2007 4:36 PM by LynnM. 5 replies.
  • Tue, Feb 13 2007 11:15 AM

    • QT100
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    • Joined on Wed, Nov 2 2005
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    Question [=?] Pay back Unemployment Benefits?

    This question pertains to someone who became a victim of some one elses misconduct and lost an unemployment hearing and appeal. This person had hired a lawyer who lost this case because of incorrect documentations he made and did not correct, when advised to do so.
    This person recently recieved a letter from unemployment requesting he pay back all benefits or will not be able to have any benefits for several years. Isn't unemployment benefits to help those who are unemployed till they find another job? Why would anyone need to pay back unemployment benefits?
  • Tue, Feb 13 2007 12:05 PM In reply to

    Feedback [*=*] re: Pay back Unemployment Benefits?

    THose letters are standard whenever an initial grant of Unemployment Compensation is reversed after an appeal. If it has been determined to be a "nonfault" overpayment, then you cannot be compelled to repay, but the overpayment could be recouped from future benefits if you have another claim in the next few years. In over 20 years of practice I have yet to see a claimant voluntarily repay.

    A fault overpayment, however, must be repaid. There can be criminal consequences for failure to do so. Fault overpayments usually result from some fraud on the part of the claimant, such as working and collecting UC at the same time.
  • Wed, Feb 14 2007 7:02 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    re: Pay back Unemployment Benefits?

    Because it was determined the person did not qualify to receive them in the first place.
  • Thu, Feb 15 2007 12:38 PM In reply to

    • QT100
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    • Joined on Wed, Nov 2 2005
    • Posts 4

    Feedback [*=*] re: Pay back Unemployment Benefits?

    after 20 years of service and not to qualify does not make sense unless its of a serious nature which it wasn't.
  • Thu, Feb 15 2007 12:50 PM In reply to

    • QT100
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    • Joined on Wed, Nov 2 2005
    • Posts 4

    Feedback [*=*] re: Pay back Unemployment Benefits?

    No fraud or anything serious with this claim. The person was let go after many years of service due to a cover-up of others doings. Being an employer who is friends with a judge doesn't help matters either.
    The unfortunate thing about the justice system is how easily a lie is believed and how hard it is to believe the truth and many innocent become victims.
    What a shame!!
    Thanks for your input.
  • Thu, Feb 15 2007 4:36 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    re: Pay back Unemployment Benefits?

    For whatever reason it was determined that you did not qualify for UC benefits. Therefore you must return the money you received in error.
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