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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4502
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I have a question can anyone help me... (my third try tonight

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I have a question can anyone help me... (my third try tonight not real sure how this works)?
Submitted: 6 months ago.
Category: Legal
Expert:  Joseph replied 6 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Sure, what's your question?
Customer: replied 6 months ago.

I have been collecting unemployment for the past 6 months in MD. To back up in time even further; I had been working in accounting for the last 16 -17 years and hated every minute of it. With that said while unemployment I didnt apply for 2 jobs each and every week while on unemployment. I decide i was going to switch careers and get a job with the local school system. So I focused on trying to get a job with them. I recently learned my unemployment benefit ran out and that I could file for EUC...I started to do that but then got this letter in the mail about how I could have to repay the money they sent me or even go to prison...So I then decided not to continue unemployment. Now they want to do a telephone interview with me; they say the issue to be resolved is "able and available"... what do I do? I have to talk to them on Oct 1.

Expert:  Joseph replied 6 months ago.
You would only have to repay the money that they sent you if you were working at the time or you were otherwise not able and available to work. (Normally, if you were out of the country or traveling).

I did read through your last question, and you can recreate from memory a history of your work search. You really have nothing to worry about in terms of criminal prosecution, as that only occurs in instances where there is blatant fraud (normally through identity theft or working the entire time while employed).

I would be happy to answer any further questions for you. Did you receive anything regarding what questions will be asked of out on October 1st?
Customer: replied 6 months ago.

They only mentioned they may want to ask about my work search history...what if they ask me about a certain week and I didnt look that week? BTW... I am currently working part-time for the schools, could that satisfy their need to know if i am able and available?

Expert:  Joseph replied 6 months ago.
You can simply inform them that you do not have your work search history for that week.

They are probably asking about your past work search history, so I don't think that informing them about your current part time position with the schools will satisfy their inquiry.

Really, the worst that could happen is they could try to recoup your benefits if you don't provide them with an adequate work search history.
Customer: replied 6 months ago.

So then I should just tell them I dont have the history and repay them? I am no longer collecting unemployment because I have a job...should I tell them that? I am just afraid I will say the wrong thing.

Expert:  Joseph replied 6 months ago.
If they ask, tell them you don't have the work history. They will decide whether you need to repay them or not, so you need not offer them to do so.

You can inform them that you currently have a job, but they are likely already aware you are no longer receiving unemployment benefits.

Just don't volunteer any information and answer the questions you can.
Customer: replied 6 months ago.

Is it possible they could decide to not ask me to repay if i don't have my work search history? The other thing is they have scheduled the interview during my work time and it is really hard for me to talk during work. Should i call them and tell them that or do i really need to schedule a day off from work? (The very thing they are concerned about me having)

Expert:  Joseph replied 6 months ago.
Yes, it's possible they wouldn't require you to repay even if you don't have your work search history.

You can inform them that you cannot talk during work and that you will need to reschedule when you aren't working.

You wouldn't have to take off work to talk to them.
Customer: replied 6 months ago.

Under what bases do they decide if a person has to pay them back or not? Do they only require a person who is to repay will pay only for the weeks they dont have record for a search?

Expert:  Joseph replied 6 months ago.
It would be up to their discretion, but yes, they would only require you to repay for the weeks where you don't have a record of a job search.
Customer: replied 6 months ago.

One woman at their office told me they will only ask for the month of Aug. do you happen to know how far back in my records they will ask about?

Expert:  Joseph replied 6 months ago.
No, I have no idea. However, if they informed you that they are only asking about August, that is all they will be asking about.
Customer: replied 6 months ago.

That was on the phone a couple of weeks ago, I just got this letter. I hope she is correct. They also said i can ask for a lawyer while i talk to them, I gather I dont need one correct?

Expert:  Joseph replied 6 months ago.
No, it is unnecessary for you to have an attorney at this point. It would be way too costly to hire an attorney when all you're facing is the loss of a few weeks to a month of benefits.

But you are not under any obligation to answer their questions, although it's best to cooperate as much as you can.
Customer: replied 6 months ago.

I wish it was only a few weeks I am missing a few months worth of records; does that make it bad for me?

Expert:  Joseph replied 6 months ago.
No, I meant they would only be asking for August, so that's all you would be unable to provide, since they wouldn't be asking for additional months.

They will almost certainly not ask for months before then. And, as I've mentioned before, all you need to do is tell them you don't have the search records.
Customer: replied 6 months ago.

So do you know that they will only ask for Aug, I me can you verify what that woman at unemployment said? Because i spoke to another woman later at the unemployment office and she said it can be any time while I collected unemployment, so it can go back to the first month according to her.

Expert:  Joseph replied 6 months ago.
No, I can't verify that. (How could I?). They just tend to act in accord with what they tell you in advance. This is based on my experience with unemployment offices. They certainly won't ask you for every day you received unemployment benefits.
Customer: replied 6 months ago.

OK well I just will not know which lady is correct until I talk with them. Is there anything else I should know before I call to reschedule my phone appt. with them. (Again i don't want to say the wrong thing)

Expert:  Joseph replied 6 months ago.
No, nothing I can think of. You can always ask what information they will be asking about when you call to reschedule the interview so you're prepared. Unemployment offices normally limit inquiries to a month's period though and will doubtfully think you would have kept records from preceding months. (And you can, of course, inform them that you no longer have those records).
Customer: replied 6 months ago.

They have said on their letter in the past the records for job searches should be kept available for 1 year... but in your experience you have found that they generally only ask for a months period? Meaning the previous month (that is why the woman said Aug)

Expert:  Joseph replied 6 months ago.
Yes, exactly. It's my experience that they only ask for the previous month.
Customer: replied 6 months ago.

Oh good,,,that should not be a problem for me I can account for that month... I hope that is all they ask about. OK so I should just make sure I don't volunteer any info, answer them honestly when I do talk to them. In addition I should call and reschedule my appt. and I can ask them what information they will want during that appt. Thank you.

Expert:  Joseph replied 6 months ago.
Yes, those are the suggestions I'd follow.

Customer: replied 6 months ago.

Thank you so much for all your help and time tonight. Wish me luck! :)

Expert:  Joseph replied 6 months ago.
Best of luck and thank you!
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4502
Experience: Attorney with significant and substantial experience in multiple areas of law.
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