What is the name of your state (only U.S. law)? California
I recently terminated employment and was awarded Unemployment Insurance Benefits.
Upon termination, during the "wrap up" process, I discovered that my employer had been deducting funds from my pay for a Flexible Spending Program in error through-out 2008. I had not questioned the deductions previously because the employer had introduced the benefit as a dependent care insurance made available to cover wages in the event that a dependent becomes ill and requires my time off work to provide care.
I challenged the deductions and was refunded the money. $5000 and a revised W2 for 2008 tax filings.
I then reported the refund to the California Unemployment Insurance Administration (EDD).
In response, the EDD has halted my checks and scheduled a telephone review to determine my continued eligibility. In question is whether this $5000 represents "wages" effecting the weeks of coverage.
My view is that the funds were "wages" when they were paid but then became in effect a forced "savings" being held by my employer. My employer terms the return of the money as a "refund".
Any ideas out there?What is the name of your state (only U.S. law)?