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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im being accused of fraud with Utah Unemployment for a week

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Im being accused of fraud with Utah Unemployment for a week I placed a claim for which I was later paid for. By the time I was paid I had completely forgot about the submission and was so happy just be off unemployment finally.
I had worked a Wed, Thurs & Fri of said week but wasnt confident in my new job until I signed the official employment papers. This was 7 months ago and I honestly have no idea what was going through my mind. But I was never intentionally dishonest. I wasoverpaid $270.00
Thank you for your question.

What date did you tell the Unemployment Commission you started working again?

Did you tell them that you started working on a date later than you actually did start working?
Customer: replied 3 years ago.

My first day was Wednesday, October 24th 2012. I wasnt sure when I would be paid for that week and if the job would be official. I wasn't confident in my employment offer until I had signed the employment agreement which indicated my salary and benefits etc.


In the end I was paid for that time but it didnt occur to me to report anything as it had been a couple of weeks since the filing and as far as I was concerned I was done with unemployment as my job was now official.


I went on with my life. But 6 months later I was laid off and went to file (my employer agreed I was eligible) I was tagged with fraud. That I was overpaid $270 for the week of Oct 21 to Oct 27th 2012 but had to pay back double. I dont mind paying them back but the unemployment claim was a complete oversight on my part. I actually dont even remember filing, not that it matter now.


I have 98,000 due in student loans, 20,000 in credit cards. I wont be able to make my rent for June. I drive a 1998 Honda civic with 260,000 miles on it. I think m,y next step is bankruptcy but for now I need the unemployment to survive. Im scared that I wont be eligible because of the filing back in October.


 


I have not done anything yet. My appeal is tomorrow 8am (MST) over the phone with a judge. I dont have a clue what to say to him.

Thank you for your response.

Have you actually paid them back yet?

Have they now denied your new claim for unemployment?
Customer: replied 3 years ago.

They said not to pay them back yet. They said to wait until after my fraud hearing.


They have denied my new unemployment claim due to fraud.

Utah Code 35A-4-405(5)(f) states that " If the fraud determination is based solely on unreported or underreported work or earnings, or both, and the claimant would have been eligible for benefits if the work or earnings, or both, had been correctly reported, the individual does not lose eligibility for that week because of the misreporting but is liable for the overpayment and subject to the penalties in Subsection (5)(c) and the disqualification periods for future weeks in Subsection (5)(a)."

Subsection 5 a says that if you failed to properly report for one week, you are ineligible for unemployment for up to 13 weeks.

You simply need to explain your story like did here with me and tell them your circumstances and ask for their leniency in this situation (offering to pay back the penalty amount immediately).

It will be within the discretion of the appeals hearing officer as to whether or not to allow you to have unemployment benefits now. You should become eligible again as a matter of law within 13 weeks.

So, all you can do in this situation is explain that it was for only one week and that you did not intentionally mean to defraud the system, you will repay the amount, and you will be put into desperate financial straights if you do not receive benefits.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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