I have created a problem for myself. More than likely I will be charged with Fraud from Unemployment. I started working last of March and didn't report my earnings. My Father was sick and dying and I know that isn't an excuse, but I was trying to save a little cash to buy a vehicle to get back hime to see him before he passed away. He passed away on April 12th as I was on my way home. I stayed home for a week without pay. Then Social Security wouldn't let my Mother access his account which placed her in a predicament. So I filed again against my Unemployment to have a little extra money to help my Mother out in case she needed rent money. What can I do in this situation?
State/Country relating to question: West Virginia
I have done nothing. I have a letter from Unemployment stating that they will be sending me out a survey to fill out.
Hello,In order to assist you I will need some clarification of your facts. Are you saying that you were working while collecting unemployment benefits and that you did not report that? How long did that go on? If that is not what you are saying please clarify what it is specifically that you did which violates the law. Thanks
I was hired at the end of March 2012, and yes I was collecting unemployment benefits. This has went on for about a month.
Hello again,Alright, well if this is only a month of benefits you are talking about, there is no real threat of criminal prosecution here. States don't have the money to prosecute most claimants for UI fraud. Therefore unless there is an egregious case that went on more months and added up to a sizable amount of money, all they are going to do is to demand repayment of your UI benefits. The only issue is whether they are going to try to demand repayment of all benefits you received for the entire unemployed (and extra month or so) or whether they are going to just demand repayment of the period where you were working and collecting UI benefits without reporting. Technically, if the State finds fraud, they can attempt to collect everything you ever received. However, if you appeal that decision, you are likely to succeed in only having to repay the amount you received when you were working. You can provide a statement to the State or not, that is up to you. However, they have access to your earnings records, so they can put together the facts without your cooperation.
Licensed attorney with 27 yrs. exp. in criminal law
Will this require me to go to court and how far in the future can I expect that?
No, if you receive a determination that you must repay any or all of your UI benefits, then that is it unless you appeal it. If you appeal, then the appeal is decided in an Administrative setting. So, that is not a court of law. At most, there might be an Admin Hearing, which may even be by phone. If you do have to appear in person, which isn't likely, it is not a court but just an office and this is not a civil or criminal proceeding but just an administrative hearing. One step at a time though. You have to wait to see what their determination is. If you agree with it, then no hearing is necessary and you make arrangements to repay the overpayment.
thank you so much you really relieved some of the pressure I was feeling.
You're welcome and best of luck to you.
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