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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29803
Experience:  Former judicial law clerk, lawyer
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Ohio here.....six years ago I had unemployment over payment

Customer Question

ohio here.....six years ago I had unemployment over payment of almost 9000. I had to pay that back plus was given 98 penalty weeks. My questions is....I have not had to apply for unemployment since then. If I were to have to file for unemployment now do I have to still wait 98 weeks to receive any benefits? Or is there a law stating that those penalty weeks expire after a certain amount of time?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The penalty weeks unfortunately do not expire. This isn't something like points a person's driver's license that go away, or a lawsuit where they only have a certain amount of time to file. The state has already determined that you received money you weren't supposed to get, and the penalty weeks are the punishment they've assessed. The fact that you haven't "served" the punishment yet because you didn't file for unemployment doesn't mean the punishment goes away. The only way to make that time go away is to apply for unemployment (when necessary) to penalty the waiting period.

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