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In 2009 I filed for unemployment and was approved for 6 months

of benefits. After receiving 3...
In 2009 I filed for unemployment and was approved for 6 months of benefits. After receiving 3 checks, I was informed via letter that a re-determination was issued because my employer said I was a contractor (which I was not, the only paperwork ever filed during my employment was a W-4). As a result, I lost my house, my credit score plunged and I became depressed. I filed an appeal which was denied, and after requesting further information, they said the burden of proof was on me, and I did not make a good enough case. I asked how to get proof, and was directed to submit an SS-8 with the IRS. I submitted that in February, 2010.

3 years later (I have documentation from the IRS stating that it took them 3 years to make the determination), I get the SS-8 from the IRS stating I was in fact an employee. After resolving my taxes with the IRS, I went to the UIA PRO center nearest me in July 2013, and filed another appeal. That was denied because of how long it had been. I was given a hearing in front of an Administrative Judge. She also denied my appeal for the same reason. I then appealed to the Board of Appeals (that appeal is still active and unresolved).

I am now getting letters threatening wage garnishment to pay back the roughly $2000 (pay, interest, penalties) they say I owe them. They are threatening to take up to 25% of my paycheck.

What I don’t understand, is that I have documentation from the IRS stating I was an employee, not a contractor. The UIA got it wrong, and I have suffered as a result. If my current appeal also gets denied, what other options do I have available to me to
a) eliminate the debt they say I owe
b) get the money I was originally awarded
c) recover any additional monies lost as a result of their mistake
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Answered in 1 hour by:
9/20/2013
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,032
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If your appeal was delayed by the IRS taking time to find the information and BOA has denied your appeal, the next step is to file an appeal to the courts and you need to file a motion to stay execution of administrative judgment together with your suit in the court to vacate the administrative decision from unemployment. In your court case, you would argue you were prevented from filing an appeal within the proper time because of the delay caused by IRS in providing you the determination that you were an employee and ask the court based on that new information to vacate the administrative ruling and reinstate your benefits. Unfortunately, all you can recover is the benefits you are due they did not pay you and the court will vacate any collection against you for the money that unemployment is seeking to recover.



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Law Educator, Esq.
Category: Employment Law
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Experience: 20+ Years of Employment Law Experience
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