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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
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my wife worked for Experience Works which is a federal organization

Resolved Question:

my wife worked for Experience Works which is a federal organization that finds jobs for elderly people. She and several other workers were laid off and were told they could collect unemployment. A year later they were contacted and told that as Experience Works was non-profit that they could not receive unemployment after all and had to repay what they had collected. They mentioned a law 527. We are going to a hearing on this soon. Any advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

 

You stated that there already was a hearing and it was determined that your wife did not have to repay the unemployment benefits she had received. Please clarify, if you do not mind, what the reason is for the upcoming hearing (Is it to determine if you, as the husband, are liable for repayment ? If it is, please tell me under what theory they are attempting to hold you liable for repayment)

Thank you,

 

Customer: replied 1 year ago.
My wife was found to be financially unable to pay as she now has no income. I gather that they feel as we are married I should be responsible. I feel that they made the mistake of telling her she could get the unemployment in the first place and the unemployment office agreed. A year later they contacted her saying that they made an error and because they are non profit and there is some law 527, she should not get unemployment and should pay it back.
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply and additional information,

 

 

They have already decided that your wife does not have to repay any of her unemployment compensation benefits and I imagine it is for the same reasons employed by the Social Security Administration when they make a mistake and either overpay an individual, or where they should not have paid at all, and among the factors they use are:

 

1. It was the mistake of the unemployment compensation Benefits Office;

2. The mistake was made through no fault on your wife's part;

3. It would be a hardship if they demanded that your wife repay these benefits.

 

 

Do not allow them to intimidate you, or scare you by saying that you are responsible, or you have a legal obligation to repay them "on behalf of your wife" because this is simply not the case. There is absolutely no legal basis to hold you liable, so please do not concede anything and do not let them convince you of anything. You have no legal obligation to the Unemployment Compensation Benefits Board for their own mistake,

 

 

1. The Unemployment Compensation Board has no authority or jurisdiction over you with respect to payments it made to your wife;

2. Nothing was paid to you;

3. You played no part in the mistake;

4. One spouse is not liable for repayment of payments made to the other spouse in error by the Unemployment Compensation Office.

 

 

I wish you the best of Luck,

 

_________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11876
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Andrea, Esq.
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