Unemployment Benefit Help Please

[needhelp29]

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

I applied for unemployment benefit and I have received 2 checks already. Today I received 2 letters from the Dept. Of Labor saying that my employer had indicated I was discharged for reasons other than lack of work and the 2nd notice said that my employer had indicated I had quit. If I am not eligible for the benefits anymore will I have to pay back what the gov't had given me? Thanks in advance for your help. I want to get a little more detailed into this situation so if anyone can spare me only 5-10 minutes of their time, it'd be greatly appreciated. Please PM me. Thanks again.

[Banned_Princess]

Originally Posted by needhelp29

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

I applied for unemployment benefit and I have received 2 checks already. Today I received 2 letters from the Dept. Of Labor saying that my employer had indicated I was discharged for reasons other than lack of work and the 2nd notice said that my employer had indicated I had quit. If I am not eligible for the benefits anymore will I have to pay back what the gov't had given me? Thanks in advance for your help. I want to get a little more detailed into this situation so if anyone can spare me only 5-10 minutes of their time, it'd be greatly appreciated. Please PM me. Thanks again.

First of all NY stopped sending checks years ago.

Second of all of course you will need to pay them back, what would you make you think you wont have to.

And if you dont pay them back they will take it out of your income tax refund.

[needhelp29]

I meant direct deposit, sorry.

Thanks so much for the help. I wasn't sure. Will the authorities be involved (lawyers, cops)?

It was an all honest mistake because I am positive I did not quit or resign, but my not calling in for work assumed that I had quit and decided not to come back to work. My manager called to ask if I still wanted to work and I said yes. She said she would speak with corporate to see if I was allowed back at work, but it was a no so that means I was fired because I was never informed that I was the one who took the initiative to resign from the job.

[needhelp29]

Double post.

[Banned_Princess]

If you intend on disputing this with your employer you can do that, and if you are going to keep certifying every week until the final determination.

[needhelp29]

Thanks again so much!

[Banned_Princess]

Originally Posted by needhelp29

I meant direct deposit, sorry.

Thanks so much for the help. I wasn't sure. Will the authorities be involved (lawyers, cops)?

It was an all honest mistake because I am positive I did not quit or resign, but my not calling in for work assumed that I had quit and decided not to come back to work. My manager called to ask if I still wanted to work and I said yes. She said she would speak with corporate to see if I was allowed back at work, but it was a no so that means I was fired because I was never informed that I was the one who took the initiative to resign from the job.

I cannot comment on whether or not you will win the dispute, but you are always welcome to try.

[needhelp29]

Yes, I do want to appeal the denial of benefits (if there is), but I don't want to sound ignorant at the hearing. I'm not even sure if what I'm saying is correct. But thanks anyways, it really took a lot off my mind. Thank you.

[commentator]

So, when you filed for benefits, apparently you failed to mention much about the reason you were discharged/quit by not calling in...whatever. If you filed your claim saying you were laid off due to lack of work, and then the company protested saying you had quit -- or had been determined to have quit because you failed to show up for work and failed to call in, then it sounds as though they were telling the truth.

Yes, keep certifying for weeks, though your claim has been stopped. Talk to the person from the unemployment office who will doubtless be contacting you. Send back in the information related to this separation that they are asking you about. The decision that they will make at this time will be an "initial decision." If after talking to this person, you receive a letter saying that your claim has been denied, then yes, you'll owe them those two checks back. It will take a while for them to set up an overpayment, because they are going to wait until you have had time to appeal the decision, and have a hearing, and then get another decision. That will probably take you five to six more weeks.

But from what you are telling us, frankly, the company probably has some sort of policy that if you are absent and you do not call in before shift, there is the assumption that you are quitting. Why, for goodness sake, did you not call in if you did not want to be fired for this absence? That's what they will ask you about. And unless you were in a car accident on the way to work and were in a coma, there's not a very good excuse for an unplanned absence without calling in.

So whether you are determined to have quit by doing this, or were fired by the company for doing this, you may not have a very good chance of winning your case and being approved for benefits. The only thing that might save the day is if it was common for you (and others who worked there) to fail to show up, and fail to call in, and you did not have any idea that this thing you had done before might result in your termination or might be interpreted as a termination. But it'd be very hard to run a company this way.

If you do not pay the money back after you have had the second decision and have been determined to be overpaid and have been notified of this (as I said, this will be some time out in the future) there will very likely be no lawyers and no cops breaking into your house in the middle of the night. But they will try to get the money, no doubt. You will definitely have to pay it before you can draw any more unemployment benefits ever. If you have a state income tax refund coming, or if you try to obtain a business license or do any kind of business with the state in the future, this will come up.

[needhelp29]

Assuming I won't win the case, I shouldn't even bother going to the hearing. But I should try and see what happens? Can you tell me what I should expect at the hearing? Will there be a judge present? Am I going to be face to face with my employer? Would I need a lawyer present with me?

I have probably made an honest mistake. I thought my absence was categorized under lack of work. Should I admit my mistake at the hearing? If it's too much of a hassle, I don't think I'd want to go through with it because it's only about $200 that I've gotten so far.

[Banned_Princess]

Originally Posted by needhelp29

Assuming I won't win the case, I shouldn't even bother going to the hearing. But I should try and see what happens? Can you tell me what I should expect at the hearing? Will there be a judge present? Am I going to be face to face with my employer? Would I need a lawyer present with me?

I have probably made an honest mistake. I thought my absence was categorized under lack of work. Should I admit my mistake at the hearing? If it's too much of a hassle, I don't think I'd want to go through with it because it's only about $200 that I've gotten so far.

I can answer this.


At the hearing there will be the judge and a representitive from the company you worked for. and you will not have a lawyer with you. You will sit together in a room and the hearing will be taped. You CAN at thator any point decide you dont want to go through with it, and just pay back the money to NYSDOL.

Your absence was in no way catogorized as lack of work and with a defense like that you are not going to win. You can admit your mistake but it will not get you approved. So its up to you with what you want to do, and like I said, NYSDOL will just take the money from your tax return.

[needhelp29]

Ok, just one more question. If I don't return the questionnaire, what's going to happen next?

[Zigner]

You unilaterally decided not to report for work, and now you want to make it out to be "lack of work?"

[Banned_Princess]

Originally Posted by needhelp29

Ok, just one more question. If I don't return the questionnaire, what's going to happen next?

What questionair are you talking about?

If you fail to comply with anything the DOL wants, you are going to be denied, and they are going to bill you for the ammount they paid you.

If you have more questions, the answer is THEY WILL DENY YOU.

I dont know if theres anything you can do to get unemployment at this point.

[Banned_Princess]

Originally Posted by Zigner

You unilaterally decided not to report for work, and now you want to make it out to be "lack of work?"

LOL I was trying not to read that far into her post.