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  1. #1
    amlee702 is offline Junior Member
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    Alleged unemployment "fraud"

    What is the name of your state (only U.S. law)? Washington State

    Back story:
    My wife works one day a week or less for a temp service and files for unemployment benefits. Unemployment does a review of her file going back 2 years because her the temp service finally forwarded their records.
    The unemployment office reviews it and finds her in fraud for $10,000 of benefits. We review the paperwork and found the temp agency uses a 3rd party for their payroll and listed my wife as working hours and getting paid while claiming benefits.
    This is not the case, my wife never received a paycheck for these alleged earnings. The unemployment investigator called and left a "message" for the temp agency about her case. They never returned it. By using the time sheet provided by the 3rd party payroll, the state found my wife guilty of fraud. No complete investigation, just what one piece of paper said, ignoring the fact that my wife did file her work hours.
    My wife is told to appeal the decision and does. At her hearing she explains the problem between the temp agency and the payroll company not communicating with each other or the state. The hearings officer told her the appeal process is not the correct venue.
    How are we to fix this if the state refuses to see the problem is on the 3rd party errors and not with my wife?
  2. #2
    swalsh411 is offline Senior Member
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    I'm confused as to why she would be told the appeal is not the proper forum for her to appeal. Did the hearing officer explain in any more detail why the issue cannot be addressed then and there?

    She is in the unfortunate position of attempting to prove something doesn't exist (those additional earnings she didn't get) which by its very nature is difficult. Did you keep any records of what she was actually paid?
  3. #3
    TinkerBelleLuvr is offline Senior Member
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    Quote Originally Posted by amlee702 View Post
    What is the name of your state (only U.S. law)? Washington State

    Back story:
    My wife works one day a week or less for a temp service and files for unemployment benefits. Unemployment does a review of her file going back 2 years because her the temp service finally forwarded their records.
    The unemployment office reviews it and finds her in fraud for $10,000 of benefits. We review the paperwork and found the temp agency uses a 3rd party for their payroll and listed my wife as working hours and getting paid while claiming benefits.
    This is not the case, my wife never received a paycheck for these alleged earnings. The unemployment investigator called and left a "message" for the temp agency about her case. They never returned it. By using the time sheet provided by the 3rd party payroll, the state found my wife guilty of fraud. No complete investigation, just what one piece of paper said, ignoring the fact that my wife did file her work hours.
    My wife is told to appeal the decision and does. At her hearing she explains the problem between the temp agency and the payroll company not communicating with each other or the state. The hearings officer told her the appeal process is not the correct venue.
    How are we to fix this if the state refuses to see the problem is on the 3rd party errors and not with my wife?
    Are there any w-2s to substantiate the income? Get a listing of employers and earnings from Social Security office. I was able to confirm income by calling them, but plan on being on the phone a long time. You still need the paper to prove your case.
  4. #4
    commentator is offline Senior Member
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    I find what you are saying here very hard to believe. Your wife submitted her weeks of filing for benefits. She showed the one day of work with the agency each week on the week she worked it, not when she was paid for it, correct? Then, at a later date, you were informed that she had committed unemployment fraud, there appeared to be an overpayment of XXX amount of dollars because the temp service reports was showing work for wages done during weeks in which she had submitted claims for unemployment and had not reported this work.

    I fail to understand this situation. You're saying that on their tax reports submitted for the temp service the third party payroll listed your wife as working and receiving income on weeks she did not have any income, or weeks that she did show income, but in incorrect amounts? Payment of wages for uenmployment purposes is shown not on the "time sheets" where she actually worked, which the third party would not have anyway, it is shown on the wage record reports submitted quarterly by the third party for the temp service. If she was shown as receiving income it would be broken down by the week it was actually worked on their wage record reports. These reports would be compared to your wife's week's of filing automatically by the system. You're saying she did actually work some, but is being seen to have received incorrect amounts of money during these weeks? Or she did not work at all on these weeks, and they are showing she did work, and received income during these weeks. It seems to me that the temp service would have times sheets that they use to submit to the payroll company that would show whether your wife worked or not. She would have to notice whether or not she was receiving income for the weeks she actually did work.

    Is it possible she reported the income incorrectly, such as reporting it only during the week she received her check where she had been paid for it? I am finding it hard to imagine that if your wife had not worked at all or been paid at all on these weeks, why would it not be very simple for you to show that she had not received any wages during these weeks by presenting her W-2's and payroll check stubs?

    Third party payroll companies mistakes showing someone working for them and making wages in weeks they are not are really pretty rare. Was she paid for these erroneous weeks? Did she get a W-2 listing wages she was not actually paid?

    It sounds more to me like she may have been reporting the income incorrectly to unemployment, though she may have made a good faith effort to report it. Is there any other appeal process? Can you file for a waiver of repayment based on income and situation in your state? If indeed she was actually getting paid by the temp service, and has reported it incorrectly, then what they are saying to you is correct. If the third party is wrong about when she worked the hours, they have given you a W-2 showing this information and filed it for your income tax purposes incorrectly as well. This would be between you and the party that issued these documents. In regard to the unemployment system, if you can prove it to them some way and get them to change it, then the unemployment insurance department might reconsider their overpayment decision.
    Last edited by commentator; 04-12-2012 at 08:43 AM.

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