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  1. #1
    horatiolegrande is offline Junior Member
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    Jul 2005
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    unemployment payback

    What is the name of your state?unemployment wants me to pay back

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    I had a job through an employment agency in Arkansas. I worked there for 4 months. The place where I was working told me they no longer had any more work for me. I went to the employment agency and told them. I then filed for unemployment The employment agency contested this. They said they did not lay me off. The lady at the umemployment office said that I did not need to keep asking the employment agency for work. I did not as I wanted work in my field and not a low paying job. I won that dispute. They contested again and I lost. I recieved a letter from the unemployment agency saying they overpaid me the total amount they have been paying me. What are my rights and is there much chance I will have to pay back the money. It is aproximately $2500. I acted in good faith and am going to appeal. I just want to know what are some likely scenarios.

    Regards Horatio
  2. #2
    Beth3 is offline Senior Member
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    14,991
    On what basis were UC benefits denied after the company appealed the Initial Determination? The reason would have been stated in the denial letter you received.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  3. #3
    horatiolegrande is offline Junior Member
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    The letter said that I did not report back to the emplyment agency for more work assignments after losing the job they placed me at. I went to WillStaff (thet employment company I worked through) immediately after being told by the Glass installing firm that I would no longer be needed. The receptionist said I needed to talk to Barbara. She was not there, so I went and filed for unemployment.

    I left the unemployment office and went straight to WillStaff and spoke to Barbara. They suggested 2 jobs that I was not qualified for (driving a trailer to Cleveland, driving a forklift). I said I did not know how to drive a forklift and the owner of the trailer said he wanted someone with experience to drive the trailer.

    The lady at the unemployment office said I did not need to call WillStaff any more after this. Since I wanted a job as a glazer I should contact glass firms.

    WillStaff appealed and I won the first appeal. They appealed again and the second appeal was over the phone. I did not present my case well over the phone as I was nervous.

    I spoke to the lady at the unemployment office today and she was suprised that I lost the appeal. She said that I was totally correct in my actions. It is not up to that office to decide though. She said my odds of winning the next appeal were 50/50. I have already started that appeal process.

    Thank you for any help. This is a stressful situation for me. I have not been spending the unemployment payments foolishly and have the money to pay back if I must. But I certainly would have behaved differently if I were not having money come in.

    Again thanks for any help
    Horatio
    Last edited by horatiolegrande; 08-01-2005 at 12:53 PM.
  4. #4
    Beth3 is offline Senior Member
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    Yes, I definitely think you should pursue the appeal process.

    I'm surprised the person at the UC office told you that you shouldn't bother applying for work with the staffing agency any further. I find that rather peculiar advice. You don't have to accept work you're not qualified to perform but it's very irregular that you were advised not to continue to contact the agency inquiring about positions that become available. How did this woman at the UC office know that the next week or the following week, they wouldn't have gotten a job order that was ideal for you???

    You'll need to let the State review the decision. Good luck.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  5. #5
    horatiolegrande is offline Junior Member
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    I'm surprised the person at the UC office told you that you shouldn't bother applying for work with the staffing agency any further.


    It is not so much that she advised me to not keep applying at the staffing agency as she said that I did not have to keep applying there. I certainly would have if I thought unemployment benefits were in jeopardy if I did not. The unemployment lady said I had to apply for at least two jobs a week and they could be to glass firms only if that is the kind of work I wanted. I was afraid the staffing agency would continue to try and place me in jobs for which I was not suited, i.e. forklift driver, long distance truck trailer driver.

    The staffing agency did not find me the job at the glass firm. I went to the glass firm, which I had worked at before, and they sent me to the staffing agency because the job was intended for only a few months.

    Thank you
    Horatio
  6. #6
    sandgirl is offline Junior Member
    Join Date
    Jul 2005
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    The company I worked for (6 years of outstanding evaluations) let me go--I got a new biatchy supervisor and she fired me for nothing. The company policy prior to my firing had always been to pay unemployment and not argue. So I applied and started getting compensation. The company (biatch supervisor) denied it and UC sided with her no matter what I said. I had to pay back about $3000 and the state of Texas doesn't play. They will put you in jail in a red hot second. I was able to pay payments. Isn't that fun with no job? My point is, UC always, or almost always, sides with the employer. I would say so if this were my fault. She didn't even go through the company policy of warnings-verbal, written, etc. So I never saw it coming. The company was trying its hardest to cut its work force, so the higher ups would not have helped me. Good luck, but UC sides with the company without even making them prove anything. At the mediation, I asked why I was not warned, and the guy from UC did not care one bit. Do you know she actually said at the mediation, "And I heard you gave me the finger behind my back after I fired you..." At least I got to say, "You bet I did, you racist biatch!"
    Last edited by sandgirl; 08-01-2005 at 02:09 PM.
  7. #7
    pattytx is offline Senior Member
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    Oct 2004
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    small town, PA
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    9,442
    Sandgirl, and you think calling an ex-employer a racist bitch is going to help you find another job? Get the chip of your shoulder.
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    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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