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Unemployment Mess!?

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BrendyJo

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

IDAHO

Hello,

I’m in Idaho & I have an Unemployment eligibility determination & Determination of Overpayment issue that I would love to know what I should do? I know it says that I can Appeal it-I just don’t know how…

It all started in Feb 2010; I was laid off & was receiving benefits/checks until I got a job in May. I had been calling the unemployment office because of a school issue (I started back to college-online while job searching) it didn’t interfere with my job searching-they just had issues with getting it into the system I guess. So, when I got news of getting a job on May 6, 2010, I talked to a Rueben @ the unemployment office & asked if he could fix my school issue again as well as I told him about my new job. I said that I’d be starting on May 10th & asked if I needed to call in that Sunday or not? He told me yes, I had to call in that Sunday the 9th of May, & to stop after that.
That’s what I did-Until I was let go on June 4th Friday from my new job within 3 weeks. They said I was let go because they hired 2 of us & only needed 1 & that I just wasn’t a good fit. I was so upset, I didn’t know if I was going to be able to get benefits or not. On June 7th I went into the unemployment office & a man named Gordon helped me with reopening my claim. I asked him what I should put-terminated or lack of work. He said that either 1 would be fine, because if it was wrong someone from the dept. will call me & they’ll fix it. So, I put lack of work instead of terminated. I began to receive unemployment checks again, 2 of them.

Then on July 16, 2010 a lady Tami called from the unemployment office & she was very rude-said that I was using the system, that I was wrongfully paid & that I falsified information. I almost started to cry-I told her that there must be a mistake? I didn’t lie or intentionally do anything wrong that I knew of. Tami said that my employer terminated me, not let me go due to lack of work & that I started work there on the 10th of May-why did I file a week of unemployment? I told her that Rueben told me to… She said that I would be getting a determination in the mail. Yes, I got 4 letters all mailed out 7/23/2010.
The first letter of Eligibility Determination states as Decision-& I am eligible for benefits effective 6/13/10-under Summary-it says, I was discharged because I was not a good fit & that I maintained a good performance at my job to the best of my ability…last day to protest 8/6/10.
The 2nd letter of Eligibility Determination states under decision that the evidence in the record establishes that I willfully made false statement or failed to report a material fact on this claim. & that I’m not eligible for benefits effective 7/18/10 through 7/16/10. It has also been determined that I provided false information, or benefits were paid, waiting week or offset credit was granted for the weeks between 5/9/10 through 5/15/10 & 6/20/10 through 6/26/10 as a result of a willful false statement or failure to report a material fact on this claim. Benefits or waiting week credit received for these weeks are also denied. And that I will also remain ineligible until the resulting overpayment, civil penalties & interest from this determination have been paid. It states that my employer said that I was terminated because I didn’t fit in. (nothing about what she told me as lack of work & hiring 2 & only needing 1)
The 3rd letter is Determination of Overpayment in the amount of $668.00 & states like above what isn’t included-penalties from federal or other programs. If any part of the amount over paid resulted from a determination finding that I willfully claimed benefits to which I was not entitled, misreported weekly earnings or from penalty applied (if any) will be mailed to me.
And the last letter is the Federal Additional Compensation of Overpayment in the amount of $50.00 & doesn’t include penalty interest or amounts overpaid to other programs. If the amount over paid resulted from a determination finding that I willfully claimed benefits to which I was not entitled, misreported weekly earnings or from monetary redetermination, an explanation of the overpayment & penalty applied (if any) will be mailed to me.
Help please-why is this happening to me? I called & went in for help-I didn’t falsely do any of this? And why is my employer saying this? I don’t understand? I have keep a record of times/dates in a journal-calendar of my activity with the unemployment office, if it will help?
I would appreciate any advice that you could possibly give me!

Thank you,
BrendyWhat is the name of your state (only U.S. law)?
 


swalsh411

Senior Member
Couple of issues here as far as I can tell.

First of all, did you claim benefits for a week you were working and fail to report income from your job? If no, good. If yes, then you were not eligible for benefits that week (or at least not full benefits) and you will need to repay them.

Secondly, you should appeal and explain that either "terminated" or "lack of work" is a valid reason for your discharge. That is a stupid classification scheme first off because the two are not mutually exclusive. ANYBODY who ends an employment relationship for any reason can be accurately described as "terminated". If your employer hired two people knowing there was only work for one, and fired the person they didn't have a job for, that is lack of work AND terminated. (unless Idaho uses some crazy definition for "lack of work").

Go ahead and appeal. You have nothing to lose.
 

BrendyJo

Junior Member
I did fail to report it I guess, I tried explaining Rueben- an associate @ the unemployment office & he told me that it was too early so to go ahead & call in for that week...? SO, yes & no... They sent a check
 

swalsh411

Senior Member
If you claimed benefits and did not report income you earned that week then that is most certainly an overpayment and you owe it back along with any penalties and fees. I highly doubt anybody told you to not report income, and even if they did, when you claimed benefits for that week you certified that you did not have any income to report. This is a seperate issue from why you terminated from your prior employer.
 

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