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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I filed 12/07 even though I was hurt (I didnt know how bad)

Customer Question

I filed for unemployment 12/07 even though I was hurt (I didnt know how bad) I was denied at first because I was fired . But I appealed and it was found that I got fired for swearing and was awarded unemployment . the next week I was audited for job search I didnt have any , during this time I was found un able to work because of a injured back . I filed for disability told the unemployment this and moved on . fast forward to today after losing my last SS hearing I had no other choice to go back to work . Ive hired on as a School bus driver getting my CDL although in pain I seem to be able to do this . received a notice from unemployment I owed them 30k dollars by the sixteenth as if I made some kind of payment arrangements . can they do this if I was medically unable to work and was not giving the cahnce to file hardship even though they knew I was on disability ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

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

Hi, the answer that I will provide you with is not favorable so I ask that you do not blame the messenger.

They absolutely can do this because they can claim, rightly, that you were not eligible for unemployment. You have a choice but cannot pursue both unemployment and disability. Unemployment means that you lost employment without 'good cause', and disability means that you are still employed but are able to return once your disability or impairment is healed. Being 'medically unable' to work no longer permits you unemployment, just disability, and it is not up to the agency to properly file your application or request, it is up to you. So if you are on disability, you cannot seen unemployment--doing so will be deemed as 'fraud' and can even potentially cause you to be charged criminally for fraud.


Dimitry, Esq.

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