Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I live and work in Georgia, USA. I was separated from my job

Customer Question
February 28, 2014. Now the...
I live and work in Georgia, USA. I was separated from my job February 28, 2014. Now the GA DOL has a fraud case against me and is trying to force me to repay benefits for the 3 weeks I was out of work. My separation notice is dated 2-28-14 and states "no severance". I received benefits for week 3-1-14, 3-8-14, and 3-15-14. I lost my first appeal because I was unprepared. I did not know I was going to be on the phone with a prosecutor. I have to appeal for cause by next week or repay. How do I sort this out?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 10 minutes by:
10/14/2015
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

Based on your facts it does appear that you were overpaid. Under Georgia law you are only entitled to benefits a week after termination, so the fact that you were terminated on 2/28 would mean that at least for the first week of March you were not yet eligible for benefits. The best defense here is lack of knowledge and an offer to repay that first week but keep the funds for the other weeks if you can show that you were eligible for work, were looking for work, and were attempting, in good faith, to be available for employment. So I would urge a partial apology and an offer to partially repay which should resolve this otherwise.

Sincerely,

Dimitry, Esq.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
I am fine with that but how do I show this,"show that you were eligible for work, were looking for work, and were attempting, in good faith, to be available for employment"?Furthermore when I went to the DOL office and was interviewed why didn't anyone tell me that I had to wait a week to be eligible for benefits?
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago

Hi,

DOL is generally not your attorney, so they do not have to advise you. I agree that I am surprised that they did not so inform you, but most agencies believe that the obligation to learn the regulations is on you, and they are even barred in many instances from advising you (it is seen as 'practicing law without a license'). Now, as far as showing it, see if you can find past searches online, resumes that you sent out, and other actions that show that you were not on vacation somewhere, or moonlighting at a different locale for work.

Sincerely,

Dimitry, Esq.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
since the DOL is saying I committed fraud is this a crime?
I did my weekly check in's and listed the jobs I had applied for on the DOL web site don't they have that?
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago

Hello,

​Fraud is a crime, and is a potential criminal felony with possible restitution and jail time. You can ask exactly what they believe to be fraudulent as far as receiving the payments so that you can address it, although I suspect that they believe you got overpaid due to not being eligible early enough.

Sincerely,

Dimitry, Esq.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
Ok, the DOL is saying that I was paid by my former employer for the three weeks in question. They have said nothing about not being eligible for a week. I spoke with my former employer and accounting says that they show I was not paid after my separation date. They did give me a check for vacation time earned but no salary. If I get a signed letter from my former employer stating all of this will that be enough?
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago

Hi,

That is fantastic news. Get that letter from the employer, show that the payment you received was for past benefits, not subsequent earnings or for severance, and have that letter be notarized (if possible) so that it can be treated as a formal affidavit by the investigator. That should be sufficient because it appears that they were treating the vacation payments as additional compensation rather than simply funds you were entitled to receive and not as any severance or further obligations.

Sincerely,

Dimitry, Esq.

Ask Your Own Employment Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide employment and discrimination law advice in my own practice.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was unexpectedly terminated (not for misconduct, but
I was unexpectedly terminated (not for misconduct, but performance) from my job last week, and I plan to apply for unemployment benefits (UI) in Washington state soon. Ironically, a couple of weeks pr… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I was recently terminated from an at will position in
I was recently terminated from an at will position in Florida. I am 64 years old and I know my rights under the age discrimination law, I was not given a reason for my termination. Now my previous sup… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Does tendering a resignation in lieu of termination affect
Does tendering a resignation in lieu of termination affect unemployment benefits eligibility in WA state?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was notified that I will be terminated from my job on
I was notified that I will be terminated from my job on January 10, 2018. I was given a package ahead of time; HR asked me to sign the documents enclosed and submit it to their office. One of the docu… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently terminated from my job at Walmart. As an
I was recently terminated from my job at Walmart. As an employee I shop there most days that I work (full time). One day last month, I shopped per usual, I went thru the self check out and rang up all… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I feel that I was recently wrongfully terminated. story
Good afternoon, my name's***** and I feel that I was recently wrongfully terminated. Long story short, I felt as if my AVP who I reported to directly was having an unprofessional conversation about me… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In the state of Ca, if we have a terminated employee filing
In the state of Ca, if we have a terminated employee filing a claim for unemployment that we are requesting a ruling against, should we include history with the claimant post their employment? For exa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can you terminate earlier an endorsement agreement governed
Hi, can you terminate earlier an endorsement agreement governed by Minnesota law even if the agreement does not contain an exit clause and under the agreement it could only be terminated under certain… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was terminated for purchasing canned goods that were
I was terminated for purchasing canned goods that were marked down due to damages. Company states that there is a 24 hr period of time that needs to be allowed for customers to purchase said items pri… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers
I was recently terminated. The reason fiven was related to
I was recently terminated. The reason fiven was related to performance of letters we had to wriite having to all be redone. I had made complaints and discussed with other employees recently and since … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
I was terminated in Sept and was expecting to receive
I was terminated in Sept and was expecting to receive unemployment insurance benefits in which my claim had been denied because they said I quit instead of being terminated. Now I have lost almost eve… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it legal in Nebraska to terminate the manager of a
Is it legal in Nebraska to terminate the manager of a busuness without a hearing? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I was terminated for a documentation error in a patient's
I was terminated for a documentation error in a patient's chart. I have a letter stating my reason for termination. My former supervisor told the unemployment office that I was fired for Behavior. Do … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the statute of limitations on unlawful termination
Good afternoon, what is the statute of limitations on unlawful termination and unlawful denial of employment in Missouri? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I was terminated from my company then the termination was
I was terminated from my company then the termination was broadcasted via text to all the other agents. Are the disparaging remarks open to a suit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x