• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

We owe unemployment, we never received the funds they say we did

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jkmom05

Junior Member
What is the name of your state (only U.S. law)? TN

My husband was on unemployment from 7/12 until 11/12. He never called in after he started his new job, but according the unemployment office he did, all the way up until 2/13. Which is untrue we never received a check or money on the debit card he was issued, he never called in to collect. I went on his online account (unemployment site) to see what it said and until 12/29 there are check numbers with amounts however he was supposed to get fund on the card in the beginning... we havent received any checks from them. His employer had received a letter in the mail about this ... what does he need to do? We never received any of the money they are claiming we did.

Please help thank you!!!
 


justalayman

Senior Member
ask them to provide accurate means of proof they money was either sent to him via a check or deposited in his debit card account. You should be able to get a history of the debit card account so I would suggest hunting that up and printing off a copy so you have it on hand.
 

Ohiogal

Queen Bee
ask them to provide accurate means of proof they money was either sent to him via a check or deposited in his debit card account. You should be able to get a history of the debit card account so I would suggest hunting that up and printing off a copy so you have it on hand.
Actually HUBBY should do that.
 

commentator

Senior Member
The thing hubby should be doing right now is being on the phone to the unemployment fraud system, from whom he has received this notification of overpayment. Immediately. Right now. You have no business on the internet browsing around asking for information about "What shall we do?" Because nobody but the system can help you straighten this out.

No, wait, you're saying that his employer has just received notice of this happening. Okay, the fraud and overpayment unit will be coming after hubby soon. Quarterly reports have gone out, and your husband's employer has received word that your husband continued to receive benefits that were charged to the employer's tax account in the first quarter of this year. Now it is showing that this actually was paid to him, someone certified and checks were issued till February. They'll be getting in touch. If you respond promptly, they'll work with you. If you ignore them or lawyer up, they could prosecute your husband for unemployment fraud. As it is, they'll probably end up collecting this money back with penalties.


If he really really did not commit fraud, the problem can be fixed without penalties. But rest assured, if someone in your household did get this money, they will catch it. Are you sure he didn't get it and just forget to tell you he had it? Are you sure that YOU did not continue to do certifications while he was back at work, or another of your family members did not continue to send in or make certifications for weeks received? That happens very often.

If not, if no one got the money but he continued to be credited with a check issued each week without a certification being done, then you are the million to one situation, folks. Unless someone was triggering the writing/issuance of this check, then you folks are really rare birds, where you have been blessed with a lot of money showing credited into his account (though it did not actually go in) through some glitch in the system.

Unknown party fraud is very unlikely in this situation. How would they have gotten access to the money? How would they have known when he went back to work, stopped filing? Tennessee doesn't pay enough to make it a very profitable way to steal.
Someone had to know his PIN and make these certifications, and if they were done, it will show up when and from what computer or phone they were made. Otherwise, there's a huge glitch they need to know about. In any case, the sooner you begin working with them, the fraud unit, the sooner you'll be able to straighten it out.

This almost never never happens. So it was not credited to his debit card, you never got the money, but it's showing he did get the money up through Feb. of this year? Call them. Start working on this immediately. Do not avoid them. The employer will NOT be the one who can help you work this out. Hubby will have to do it himself, with the fraud unit.
 

jkmom05

Junior Member
The thing hubby should be doing right now is being on the phone to the unemployment fraud system, from whom he has received this notification of overpayment. Immediately. Right now. You have no business on the internet browsing around asking for information about "What shall we do?" Because nobody but the system can help you straighten this out.

No, wait, you're saying that his employer has just received notice of this happening. Okay, the fraud and overpayment unit will be coming after hubby soon. Quarterly reports have gone out, and your husband's employer has received word that your husband continued to receive benefits that were charged to the employer's tax account in the first quarter of this year. Now it is showing that this actually was paid to him, someone certified and checks were issued till February. They'll be getting in touch. If you respond promptly, they'll work with you. If you ignore them or lawyer up, they could prosecute your husband for unemployment fraud. As it is, they'll probably end up collecting this money back with penalties.


If he really really did not commit fraud, the problem can be fixed without penalties. But rest assured, if someone in your household did get this money, they will catch it. Are you sure he didn't get it and just forget to tell you he had it? Are you sure that YOU did not continue to do certifications while he was back at work, or another of your family members did not continue to send in or make certifications for weeks received? That happens very often.

If not, if no one got the money but he continued to be credited with a check issued each week without a certification being done, then you are the million to one situation, folks. Unless someone was triggering the writing/issuance of this check, then you folks are really rare birds, where you have been blessed with a lot of money showing credited into his account (though it did not actually go in) through some glitch in the system.

Unknown party fraud is very unlikely in this situation. How would they have gotten access to the money? How would they have known when he went back to work, stopped filing? Tennessee doesn't pay enough to make it a very profitable way to steal.
Someone had to know his PIN and make these certifications, and if they were done, it will show up when and from what computer or phone they were made. Otherwise, there's a huge glitch they need to know about. In any case, the sooner you begin working with them, the fraud unit, the sooner you'll be able to straighten it out.

This almost never never happens. So it was not credited to his debit card, you never got the money, but it's showing he did get the money up through Feb. of this year? Call them. Start working on this immediately. Do not avoid them. The employer will NOT be the one who can help you work this out. Hubby will have to do it himself, with the fraud unit.

NOONE called in to certify his weekly earnings since November. He has checked his debit card he had been getting the money on and his balance is $1.08......I'm pretty sure if a check was mailed I would remember since I am the one that checks the mail. ;) We haven't received money since November. He is working out of town at the moment so he doesn't really have a lot of time to call the office since they close at 4pm. He didn't commit fraud, really?!? No one cashed checks,noone received checks. I want them to prove to us that he cashed them with his signature, I want them to prove to us that money was put on the card. This is frustrating, because he hasn't committed fraud. I have phone records from November showing that number is no where on there past November. I don't understand why they say they were sending checks, when it was on a debit card?!? Also, there is me him and our 8 year old in our home, no one called in for him!!!!
 

cbg

I'm a Northern Girl
Before I say anything, I completely understand that you are affected by his income, you may even be the one who manages the income, and what affects him affects you. We ALL get that. Okay?

With that said, this is not about what you want to see or even what you can do. YOUR HUSBAND is the one who has to deal with this. Believe me, I understand - I deal with the bills and the utility accounts and reordering my husband's prescriptions and all that good stuff too. But there are some things that they HAVE to do themselves, and this is one of them. You CANNOT fix this or even be involved in the fixing. HE has to be the one to do it.

This may be a one in a million case and he is innocent as the driven snow. I have no reason to disbelieve a word you're saying. But it's HIS issue that HE has to fix - they WILL NOT discuss it with you. Light a fire under him if you have to but get HIM to get them on the phone NOW.
 

jkmom05

Junior Member
Before I say anything, I completely understand that you are affected by his income, you may even be the one who manages the income, and what affects him affects you. We ALL get that. Okay?

With that said, this is not about what you want to see or even what you can do. YOUR HUSBAND is the one who has to deal with this. Believe me, I understand - I deal with the bills and the utility accounts and reordering my husband's prescriptions and all that good stuff too. But there are some things that they HAVE to do themselves, and this is one of them. You CANNOT fix this or even be involved in the fixing. HE has to be the one to do it.

This may be a one in a million case and he is innocent as the driven snow. I have no reason to disbelieve a word you're saying. But it's HIS issue that HE has to fix - they WILL NOT discuss it with you. Light a fire under him if you have to but get HIM to get them on the phone NOW.
I understand that, he works 12 hr days and is out of town except on weekends. When he does call they say "your wait time is blah blah minutes usually more than 30" everytime. He can't just stand around and be on the phone he is an industrial electrician. I will have to make him call sometime during the week when he can find time. I have been talking to the Director of Appeals about this, so hopefully he can give me some sort of information. I just hate that this happened to us, we are innocent and will prove it. I handle all the bills etc.

thanks for your response and input.
 

commentator

Senior Member
Okay, you say two different things here. You say your husband can't call, they close at 4:00pm (it's 4:30, incidentally) and so you have to deal with this. Then you say when he calls they say your wait time is blah blah blah..... okay, that's when you call the lines to get in to file a claim. That is not when he directly calls the fraud unit and deals with an issue they're working on.

Okay, then you say you are talking to the director of appeals. Have you asked this person to connect your husband with someone in the fraud unit, or whomever he needs to speak to? Have you asked this person to give you the direct number of someone who can help determine why this happened, what your next step is, who your husband should talk to? In the majority of cases, when there is an unemployment issue to be dealt with, the person has to be present and on the phone, and can then authorize someone else to ask the questions or talk for them if they are not able to deal with it themselves. But they should not give you carte blanche to deal with your husband's affairs just because you call and ask about them.

As I said, I worked in u.i. fraud enforcement, and the wife continuing to certify and getting the benefits after the husband has returned to work was VERY common, especially in cases where husband worked out of town and wife handles all the money issues and bill pays and what all. Teenagers in the home, heck, grandmas in the home have been known to call in and get the benefits after papa went back to work. It only has to stop when papa gets a notice to report in or when he runs out of benefits. You are sure your 8 year old hasn't been doing it, but frankly, your story is going to sound really unlikely.

Having the husband continuing to file weekly certifications and forgetting to tell the wife he was still doing it isn't unusual either. You don't need to get all huffy about it and come up with all these excuses why you alone need to deal with it, cause he can't, cause he's working, either. He's the one who will be prosecuted for fraud if this matter goes a whole lot further without resolution. That should be worth his taking his time to get on it, even if he has to call them from wherever he is on his lunch break or whenever he can. He probably, due to the nature of his work, relies on his unemployment benefits each year when he's out of work seasonally, and if they are messed up and there are issues, he will not get any more of them until these issues are resolved.

He needs to be getting with the agency to fix this. You do not need to be on a message board asking for general advice from people in other states, who are generally unfamiliar with unemployment insurance even if they are attorneys, and who, even if they are very well based in TN unemployment, as I am, are unable to research your particular situation, hoping, I guess that they'll tell you something besides that you need to let your husband work with the agency. Hiring an attorney to represent your husband would not be worth it, and would not help one iota, as this will be resolved within the agency, and they will be able to see exactly what has happened and will be able to determine whether or not fraud has occurred.

If there have been checks issued, and cashed, rest assured, they can tell exactly when they were cashed, where they were cashed and who signed the checks. They can tell exactly when the certifications were made to receive benefits, day hour and from which computer or telephone. They can tell when money was put on a debit card and when and where it was taken off. If no money was put on there, no certifications were made for these weeks, then they can tell that, too.

And they'll be glad to help him resolve the situation, though as it has been said, this is a one in a trillion billion chances that the system somehow just spontaneously decided to override itself and issue weekly benefits to a claimant who'd stopped certifying for benefits weekly, and also glitched to the point that it failed to put this erroneously paid money into his debit card account or send him a check for benefits.

What stops the benefits from coming when a claimant returns to work is not that they call and tell the unemployment system they've gone back to work, or that their employer calls and reports they're working. What stops the benefits from coming is that the system receives no more of the weekly certifications for benefits. The certification is what generates a payment. How it happened that your husband's certifications just kept being made and money kept being paid to him without showing up in your account or your mailbox is something he'll have to work with the agency to figure out.
 

reverj

Junior Member
We owe unemployment, we never received the funds they say we did.

Okay, you say two different things here. You say your husband can't call, they close at 4:00pm (it's 4:30, incidentally) and so you have to deal with this. Then you say when he calls they say your wait time is blah blah blah..... okay, that's when you call the lines to get in to file a claim. That is not when he directly calls the fraud unit and deals with an issue they're working on.

Okay, then you say you are talking to the director of appeals. Have you asked this person to connect your husband with someone in the fraud unit, or whomever he needs to speak to? Have you asked this person to give you the direct number of someone who can help determine why this happened, what your next step is, who your husband should talk to? In the majority of cases, when there is an unemployment issue to be dealt with, the person has to be present and on the phone, and can then authorize someone else to ask the questions or talk for them if they are not able to deal with it themselves. But they should not give you carte blanche to deal with your husband's affairs just because you call and ask about them.

As I said, I worked in u.i. fraud enforcement, and the wife continuing to certify and getting the benefits after the husband has returned to work was VERY common, especially in cases where husband worked out of town and wife handles all the money issues and bill pays and what all. Teenagers in the home, heck, grandmas in the home have been known to call in and get the benefits after papa went back to work. It only has to stop when papa gets a notice to report in or when he runs out of benefits. You are sure your 8 year old hasn't been doing it, but frankly, your story is going to sound really unlikely.

Having the husband continuing to file weekly certifications and forgetting to tell the wife he was still doing it isn't unusual either. You don't need to get all huffy about it and come up with all these excuses why you alone need to deal with it, cause he can't, cause he's working, either. He's the one who will be prosecuted for fraud if this matter goes a whole lot further without resolution. That should be worth his taking his time to get on it, even if he has to call them from wherever he is on his lunch break or whenever he can. He probably, due to the nature of his work, relies on his unemployment benefits each year when he's out of work seasonally, and if they are messed up and there are issues, he will not get any more of them until these issues are resolved.

He needs to be getting with the agency to fix this. You do not need to be on a message board asking for general advice from people in other states, who are generally unfamiliar with unemployment insurance even if they are attorneys, and who, even if they are very well based in TN unemployment, as I am, are unable to research your particular situation, hoping, I guess that they'll tell you something besides that you need to let your husband work with the agency. Hiring an attorney to represent your husband would not be worth it, and would not help one iota, as this will be resolved within the agency, and they will be able to see exactly what has happened and will be able to determine whether or not fraud has occurred.

If there have been checks issued, and cashed, rest assured, they can tell exactly when they were cashed, where they were cashed and who signed the checks. They can tell exactly when the certifications were made to receive benefits, day hour and from which computer or telephone. They can tell when money was put on a debit card and when and where it was taken off. If no money was put on there, no certifications were made for these weeks, then they can tell that, too.

And they'll be glad to help him resolve the situation, though as it has been said, this is a one in a trillion billion chances that the system somehow just spontaneously decided to override itself and issue weekly benefits to a claimant who'd stopped certifying for benefits weekly, and also glitched to the point that it failed to put this erroneously paid money into his debit card account or send him a check for benefits.

What stops the benefits from coming when a claimant returns to work is not that they call and tell the unemployment system they've gone back to work, or that their employer calls and reports they're working. What stops the benefits from coming is that the system receives no more of the weekly certifications for benefits. The certification is what generates a payment. How it happened that your husband's certifications just kept being made and money kept being paid to him without showing up in your account or your mailbox is something he'll have to work with the agency to figure out.
I think some of you are being a bit harsh to this poor woman. You are treating them as if they are guilty until proven innocent!! Wow. Have we become that cold of a Nation. This woman got on here to ask for advice, not to be insinuated right into jail. Get real, our system is far from infallible and to throw out numbers like one in a trillion is just disingenuous. I know it might hit the pocket book, but I think my first course of action would be to have the hubby take a day off work to contact the fraud department or what ever number is listed as unemployments ACTUAL fraud department. NOT the one on the letter. Better to lose a days pay then to be in trouble for something you did not do. Next action perhaps would be to hire an attorney. I know they are not cheap, but I cant imagine what it would cost to have to pay back the supposed overpayment. And finally It may be possible that this letter is a well worked fraud by someone completely different, like Nigeria or somewhere. Good Luck, and God Bless, Rever :p
 

commentator

Senior Member
And in addition to necroposting, you are spouting off about something you don't have a clue about. Like the person, who insists he should be able to sue the government for having too many regulations, you don't understand how all those supposedly superflulous regulations and processes in the government system work, how the unemployment check writing process takes place.

What this poster was trying to do was see if her story would fly here before they tried it out on the fraud unit that was contacting them. When her husband tried it on the fraud unit, they were going to tell him exactly what I was telling her here. I spent a long time working in unemployment, and her story was completely impossible. Somebody in this situation, either she or her husband or some other family member perpetuated fraud in order to receive all these checks. It didn't just happen spontaneously. Whether I tell it to her gently and considerately or not, she either knows she's lying or she needs it explained to her that somebody close to her is lying.

One in a trillion is a very good estimatation of how likely it would be for the unemployment check writing system to suddenly start randomly and without prompting to produce weekly checks for him without the stimulation of a weekly certification.

To suggest that this letter may be a Nigerian fraud....well, let me put it this way. If you get an email that suggests you are overpaid on your unemployment (how did they know you have been receiving unemployment, by the way, it is a very closed system!) and they tell you to send them money (again, how do they know how much to ask for?) that might be a scam. I'd hesitate to send them the requested money before talking to them.

If it comes on a state seal official letter, telling you to contact the fraud unit, you need to contact them, NOT send them money. A state notification of fraud will not tell you to send the money immediately, it will tell you to contact the unit and start the investigative process.

And telling them to hire an attorney at this point is irresponsible. Because at this time this is not a criminal process. If they fail to cooperate, fail to respond to the overpayment, insist on lying about why the payments were made, or that they never got them when evidence shows they did, then yes, they may end up needing an attorney, because they will have lied their way into a prosecution for unemployment fraud.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top