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Appeal DOL Overpayment Determination

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hillr06

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

What is the process to appeal an overpayment determination on an unemployment claim in Georgia when it was clear that the facts presented by the employer were not true and that it was clear the the DOL Hearing officer sided with the employer, and I was not given a fair hearing. In addition, when my initial unemployment claim was filed against my employer, first for reduction of hours, which was reviewed by DOl and I was awarded benefits, while still being employed at the company, in which my employer reduced my hours, due to not being able to pay their employees, and then a month later, I was wrongfully discharged, and DOL also awarded me benefits in that case, when my employer appealed and eventually won, based on wrongful claims and I feel that I did not have a fair hearing and did not know how to properly represent myself. The hearing officer based their final decision on a memo that the employer submitted, in which they made it appear that I refused to do the work and I was not aware of this memo and its contents until after I left work early on the day they claimed they gave it to me, to make it appear that I was aware of the memo and even their claim of me refusing to do the work was false because of in fact, I did do the work and to the best of my ability, even though I was not experienced nor qualified for that type of work and made it clear that I needed additional training in it, even though I did the work as best as I could and even with my hours being reduced, after the previous employee that did that work was wrongfully discharged as well. In addition, I know that there are several employees there at the company that can attest to my performance at the company, which was above expectations. Therefore, although it has been since 2010 since the final determination has been made, I still believe to this day that the DOL final determination is not correct nor fairly determined. I was able to prove the first reason that the employer stated for my termination was false, and I can also prove that the second reason they listed for my termination was also false, based on the facts of the case and the reasoning that the employer provided. Therefore, I would like to know what is my next step and alternative in proving my claim that I should have been awarded benefits from that case. I no longer live in Georgia, so do I need legal advice from Georgia or from the state I now live in?

Thank you.
 


commentator

Senior Member
The determination you received denying benefits (back when this happened) informing you of the overpayment will also have information on it about "if you disagree with this decision you may appeal within 15 days by submitting a notice of such appeal to **************"

This is the review of the claim by the "board of review" in your state. This time there would have been no hearing, nothing except that when you write in the appeal, you may present your argument that the appeals referee did not follow the law.

In the unemployment hearing, the appeals officer goes with the assumption that either or both of the two parties may be lying, but they go with whichever of the two parties they consider "most believable." Apparently they considered the presentation of the employer more believable than yours. So then you can submit it to the board of review, IF you appealed it within the 15 day window. If denied there, the next step would have been taking the case to civil court.

But until it has gone through the regular train of appeals in the unemployment system, there is no possibility of stepping outside the system and taking the unemployment office back to court. And since this was in 2010, the time frame for any appeal of this decision has long long passed. What has happened in your case has already happened. You lost the appeal. You did not carry it further. Between now and then you could have worked at several more places. Your shot at those benefits has long long passed and there is no way you can resurrect this appeal. You need to forget about this old situation and move on.
 

swalsh411

Senior Member
I must have read too quickly and didn't catch how old this way.

Commentator is absolutely right. This train has looooooong since sailed.
 

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