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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19670
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My friend has received two letters stating that she has falsely

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My friend has received two letters stating that she has falsely reported not being paid in order to gain unemployment. She is not aware of falsifying or withholding information from the Department of Unemployment. She is trying to obtain check stubs and bank statements in order to clear everything up. What else should she be doing?

Thank you for the information and your question, however, I will need a bit more information. Can you tell me exactly what each letter said and who they were from? In particular do the letters say that she received income while collecting UI benefits without reporting it and that she must pay it back? Does one of the letters tell her that she has appeal rights? How much is the overpayment and did she have some sort of employment while she was collecting UI benefits?
Customer: replied 3 years ago.

The letters are from benefit payment control. They say she has either not reported or incorrectly reported earning wages while claiming unemployment. They do not say she has to repay yet or that she has the right to appeal, but give dates and amounts that she was supposedly paid on while claiming unemployment. She says she has reported the amounts she was paid if she received money while claiming unemployment. The letters have questions on them that they want her to answer that are similar to the questions asked during the weekly claim filing. The dates they claim she was paid but didn't report are from 2011 to 2013. We work on a college campus and as a result are temporarily laid off on major holidays as well as for summers. I amount sure of the total of overpayment but the dates and supposed unclaimed wages are as follows:12/24/11- $206.41, 12/31/11- $70.20, 01/07/12- $90.64, 01/14/12- $141.75, 03/24/12- $179.19, 08/18/12- $105.54, 12/22/12- $65.51, 12/29/12- $68.11, 01/05/13- $102.83, 01/12/13- $189.63, 05/25/13- $110.92, 06/01/13- $110.92, 06/08/13- $79.23

Hello again and thank you for that information. If I understand you correctly, you are saying that she reporting all of her work hours and earnings while she was collecting UI benefits. If that is the case, then this may be an error, either on the State Unemployment Commission's part or the College's part. If she is worried about them taking some sort of criminal action, she shouldn't be. It is really too expensive for the State to prosecute every alleged case of unemployment fraud. They really just want their money.

But ultimately, she would have an appeal right before they could move forward with their ultimate attempt to collect this alleged overpayment from her. So, she should answer the questions as best she can. If she can't find her pay records, she might try checking with the college, or she can check with the IRS and the Social Security Admistration for the records they have. What she doesn't want to do is ignore the letters. That will encourage the State to think that the overpayment or alleged fraud was intentional. If she cannot find all the records, she can answer the questions as best she can and explain that she is answering to the best of her memory and doesn't have the records.

Again though, she will have an appeal right if they determine she owes they overpayments.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Marsha411JD and 6 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help. Is it possible to request you later if we need more answers? I understand that another fee will be charged

Yes, you can ask for me by my User Name Marsha411JD. Also, if the questions have to do with this issue, even after you leave a rating and the question looks like it is closed, you can always come back and ask follow up questions at no extra charge on this question thread. Just simply log back on and go to "My Questions" and click on the question and ask your follow up.
Customer: replied 3 years ago.

Thank you so much!

You're very welcome.

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