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I have a question regarding over payment of unemployment

benefits due to my past...
I have a question regarding over payment of unemployment benefits due to my past employers mistake. They reported my income to the state of Texas when I worked and lived in Florida. Florida originally denied benefits due to no reported income. My employer said they could not fix this so file with the State of Texas. I filed and collected with Texas but in the mean time my past employer did change my reported income to Florida without my knowledge and now Texas wants repayment of all my benefit I recieved, $8500.00. Do I have to pay all this back, in essence not recieving the benefit I was entiteled to?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: It is the State of Texas that is requesting that I repay the unemployment benefit I recieved.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was employed with my past employer as a full time employee in the State of Florida. The company's main office was in Texas.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been though an appeal hearing that my employer did admit that they reported my income to the wrong state and did tell me to file with the State of Texas. I am working with them again though a temporary agency.
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Answered in 3 minutes by:
10/25/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,190
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 for educational purposes only.

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Technically, you should not have received the benefit from Texas, as you know. What needs to happen if your employer fixed things with FL is you need to apply for your benefits in FL and reimburse Texas from those funds. If FL denies you, your next step is filing an appeal to FL and using a local unemployment attorney. Then when FL pays, you submit those payments to TX as reimbursement. In addition, if you are out of pocket any money on this, you would have a right to sue the employer for their negligence in how they handled this matter, but you need to go through all of the other steps first.

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Customer reply replied 1 month ago
This is what I was afraid of. I already know that Florida will only pay out $3300.00 so that will leave me with $5200.00 to pay back. I also now that if I sue the employer for their mistake they would probably let me go and then I am out of a job. Thank you for your assistance.

Thank you for your reply.

The other thing you can do is appeal to Texas in writing and explain the situation and ask the director to waive the remainder of the over payment based on significant financial hardship. The Director of TWC Unemployment does have the power to waive reimbursement so you can present him the facts and ask for waiver.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,190
Experience: 20+ Years of Employment Law Experience
Verified
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Law Educator, Esq.
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Satisfied Customers: 120,190
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