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unemployment benefit overpayment.....

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crystalz

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Michigan

I was fired from my former employer in April of 2003. The reason for termination was misconduct(I was late three times in a 1 month period). I stated that misconduct was the reason for temination on my unemployment application, but was still approved and paid unemployment benefits for a six month period, and, I was also granted an six month extension. However during this time, my former employer contested my receiving the benefits. In November of 2003, I recieved a letter stating that my former employer contested the decision on May 6, 2003, and my ruling had been reversed. I had been recieving benefits from April 2003 until October 2003, and I received unemployment extension benefits only for the month of November. So I appealed the decision, and got a hearing date set for January 2004. The judge at the hearing ruled in favor of the employer, and I am now forced to pay back the benefits I received, which is understandable. I was paid a total of $7854

But, what I do not understand is, in Feb. 2004, I was sent a letter stating that I have to pay back $14,100. :eek: I was NEVER paid this much in benefits so I do not understand why I owe this much. So here are my questions:

1. Because the state never notified me that the employer contested my unemployment eligibility until Nov. of 2004, am I entitled to pay back the amount that was overpaid?

2. I was never paid an amount in excess of $7854. What can I do to protest this? Should I hire a laywer to straighten out that portion of the situation?

I have been unemployed since 2003, and right now I am attending college to finish a degree. I am fearful that if and when I do apply for a job, the state will garnish my wages and take all of my paycheck. I do not want this to happen especially If they are trying to collect more than what was paid to me in the first place.

Any advice on this situation would be helpful.
Thanks in advance :)
 


Ask the UI office to verify that amount...tell them you see a discrepancy. You don't need a lawyer for this. Be courteous and professional, but certainly ask the question. If possible, bring proof of what you were paid. I assume you got a 1099 for the payments for tax purposes...what does that say? You can show them copies of the check stubs. You can bring them the original determination letter that set your amount and multiply your benefit amount by weeks paid. There are numerous ways you can provie the money actually received.

Also, they can garnish your wages when you begin to work, but you can prevent that by making payment arrangements and sticking to them.
 

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