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  1. #16
    applecruncher is offline Senior Member
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    Quote Originally Posted by GaryBusey View Post
    I appreciate the response. I keep hearing i have nothing to lose by appealing it. But if i hire a lawyer, and lose, don't i still owe the 8 grand plus whatever the lawyers charging? That could end up being 9 or 10 grand. Which I REALLY dont have money for. Do you think i have a shot of winning?
    No one knows what the outcome will be, and it’s useless to guess/speculate. We don’t use crystal balls. To answer your question – if you lose, YES, you will owe the $8K plus your lawyer’s fee. Your financial situation, expenses, etc. are here nor there. Suggest you cut back/tighten your belt. If you lose, you will have to discuss repayment arrangements with the Unemployment Commission. (They don’t play around – they will come after wages, bank accounts, tax refunds, lottery winnings, whatever.)

    Concentrate on filing your appeal.; get all your documentation together and make sure you appeal within the time frame deadlines. (Which you could have done without a lawyer.) It does no good for you to fret and wait for someone to tell you what you want to hear to assure you that everything will be okay. It might, it might not.
  2. #17
    pattytx is offline Senior Member
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    And, as I stated earlier, a waiver (that delays repayment) is possible. If you lose your appeal, you need to inquire with the state about that. At that point, you current employment status and financial situation IS taken into consideration. I know this from personal experience.
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  3. #18
    commentator is offline Senior Member
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    It appears that here a while back, you quit your job. You filed for benefits when you quit, but apparently your employer prevailed. Your unemployment was denied.If you've had both your unemployment hearings now, it's all over, as far that this part of it is concerned.

    Whether they had a great wonderful reason to sue you for sexual harrassment,or whether it was a valueless very poor reason for them to sue, they did sue, you did elect to quit your job, and now you've lost the unemployment part of this whole issue. Whether or not the unemployment system thinks you had a good job related reason to quit your job, and thus approved your unemployment, this is irrelevant to anything else. Apparently, they didn't, you lost, and now you're overpaid.

    You are overpaid, now, some $8000. My advice would be to wait and see it they are even going to collect this. This was a non-fraud overpayment, this means you did not lie or cheat in order to receive it. You were paid, and now they COULD, if they wanted to, demand the money back. THere is no set up of increments on how they'll want this money. Most of the overpayment units for unemployment for the different states have got a standard sort of process they go through. They are not too hard on people unless you are an out and out criminal, drawing benefits fraudulently. In a situation where a reversed decision got you overpaid, they may never actually come after you about this money.

    You have received, from the unemployment system, a pretty nice little $8000 interest free loan. If you file a waiver and say now that you lack the capability to repay it, they probably will accept that and not ask for it back now. They are used to dealing with clients who can't pay back the money, because they are (DUH!) unemployed! If you read your notice it will tell you whether or not you can appeal it. I think asking for the waiver would be more worth your time. If your appeal shows you're sitting on some nice assets, but you just don't think it would be convenient to pay back the money right now, they'll hit you with it like nobody's business.

    So forget this deal of appealing again with an attorney. It doesn't sound like you have anything to appeal. You lost your appeals with the unemployment system, now you deal with them on how and when they'll recoup the money.

    You just deal with the overpayment unit, you ask for a waiver, and they may give you one, which means that the next time you apply for a business license, receive a state or federal tax income refund, or try to draw unemployment again, they'll get you, but not until then.
  4. #19
    Zigner is offline Senior Member
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    Quote Originally Posted by commentator View Post
    My advice would be to wait and see it they are even going to collect this.
    Assuming that "they" are the unemployment folks...I think OP's past that:

    Quote Originally Posted by GaryBusey View Post
    So i quit, collected unemployment for 5 months, my company appealed it, won and now they want the money back.
  5. #20
    commentator is offline Senior Member
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    He's asking lots of questions that "they" being the unemployment office would have already told him if they were the ones he was actually working with right now. Like "Can they make me pay this money back?" and "How much money will they get a month?"

    He needs to sit and see if they're going to come against him aggressively (again, may never happen) and if they were to, he needs to request a waiver saying he can't pay the money back right now.

    If an unemployment overpayment money had been the one he was in contact with, he wouldn't be on here asking us these things. They'd already be answered.
  6. #21
    Zigner is offline Senior Member
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    Quote Originally Posted by commentator View Post
    He's asking lots of questions that "they" being the unemployment office would have already told him if they were the ones he was actually working with right now. Like "Can they make me pay this money back?" and "How much money will they get a month?"

    He needs to sit and see if they're going to come against him aggressively (again, may never happen) and if they were to, he needs to request a waiver saying he can't pay the money back right now.

    If an unemployment overpayment money had been the one he was in contact with, he wouldn't be on here asking us these things. They'd already be answered.
    Fair enough

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