What is the name of your state (only U.S. law)? NY I'm on 100% comp. I filed for and got full unemployment . My job informed unemployment after a few months that I had surgery and could not work . Unemployment stopped and charged me with lying I have to pay back a little over 4,000 and I cannot file for two years. I'm getting ready to go back to work. Will I be fired or what . I still get comp.What could happen ?
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
unemployment & comp
- Thread starter bunny138
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
fraud and know it STUPID IN NY
I know that I have to pay it back ! Had u read it you would of known. My question was will I be fired.
IT was dum i know . I just need a real reply PLEASE
Thank you I'm scared it was very stupid to do .
commentator
Senior Member
When you are receiving worker's comp, which I assume is the "comp" you are talking about, you should not have been, in any way place form or fashion, receiving unemployment insurance. My question is, when you originally filed for unemployment insurance, what did you tell them was the reason why you left your employer? What was the reason you told them why you were not working? Even if you lied like a rug, it still makes no sense. Because the system does not take people's word for why they are not working. They verify with the employer, unless the person has a clear separation notice or downsizing letter or something similar.
The unemployment system is supposed to always confirm what you tell them with the employer. If you said you were injured on the job and were receiving worker's comp, and they still let you draw unemployment benefits, that should have been an immediate red flag. Even if you lied and said you were let go due to lack of work, they had to check or verify in some way with the employer. I'm mystified. I do not see how you ended up drawing unemployment insurance in the first place.
Related to the way the overpayment was discovered, I do not in any way think the "Comp" system told the unemployment system you had surgery and were unable to work. What happened was a quarterly report was sent to the employer that showed you were receiving unemployment and of course you were not supposed to be getting the unemployment, because if you are out of work and not able and available for other work, you are not eligible for unemployment insurance. You had to be falsifying a weekly certification about being able to work to be getting unemployment, which of course you were doing. Your employer would have received a notice that you were drawing unemployment benefits from their account, and at this time, they could have started a protest or an investigation against you by reporting that you were receiving worker's comp.
But, that said, you won't be able to go back to work until you have reached MMI, right? Until your worker's comp claim is settled, and you are released by the doctor who says you have reached maximum medical improvement, you can't go back to work. If at that time, you are able to return to work, if they have a job to put you back on that you can do, then I am not sure there is any reason why they'd particularly want to fire you.
Because there must have been some real neglect of the situation in their part, for you to get approved for unemployment benefits in the first place. In the second place, as soon as you were declared overpayed, then their account was reimbursed, so no change in rates would occur as a result of your having drawn benefits.
They may not care. Why bring it up and ask if they are going to fire you when they may not have even thought of doing it?
That's sort of like asking if you are arrested for shoplifting at a store on your day off and you work at a factory, does this mean your employer is going to fire you? We certainly don't know. Could they? Yes. Are they going to? ????
As to whether your employer was actively involved in getting your unemployment stopped, getting you reported for fraud, getting your overpayment set up, maybe, maybe not. As to why you got approved for unemployment in the first place, like I said, I'm a bit mystified about that anyway. But don't go asking for trouble by trying to discuss the matter with your employer. Let them bring it up if they were to have any desire to do it.
The unemployment system is supposed to always confirm what you tell them with the employer. If you said you were injured on the job and were receiving worker's comp, and they still let you draw unemployment benefits, that should have been an immediate red flag. Even if you lied and said you were let go due to lack of work, they had to check or verify in some way with the employer. I'm mystified. I do not see how you ended up drawing unemployment insurance in the first place.
Related to the way the overpayment was discovered, I do not in any way think the "Comp" system told the unemployment system you had surgery and were unable to work. What happened was a quarterly report was sent to the employer that showed you were receiving unemployment and of course you were not supposed to be getting the unemployment, because if you are out of work and not able and available for other work, you are not eligible for unemployment insurance. You had to be falsifying a weekly certification about being able to work to be getting unemployment, which of course you were doing. Your employer would have received a notice that you were drawing unemployment benefits from their account, and at this time, they could have started a protest or an investigation against you by reporting that you were receiving worker's comp.
But, that said, you won't be able to go back to work until you have reached MMI, right? Until your worker's comp claim is settled, and you are released by the doctor who says you have reached maximum medical improvement, you can't go back to work. If at that time, you are able to return to work, if they have a job to put you back on that you can do, then I am not sure there is any reason why they'd particularly want to fire you.
Because there must have been some real neglect of the situation in their part, for you to get approved for unemployment benefits in the first place. In the second place, as soon as you were declared overpayed, then their account was reimbursed, so no change in rates would occur as a result of your having drawn benefits.
They may not care. Why bring it up and ask if they are going to fire you when they may not have even thought of doing it?
That's sort of like asking if you are arrested for shoplifting at a store on your day off and you work at a factory, does this mean your employer is going to fire you? We certainly don't know. Could they? Yes. Are they going to? ????
As to whether your employer was actively involved in getting your unemployment stopped, getting you reported for fraud, getting your overpayment set up, maybe, maybe not. As to why you got approved for unemployment in the first place, like I said, I'm a bit mystified about that anyway. But don't go asking for trouble by trying to discuss the matter with your employer. Let them bring it up if they were to have any desire to do it.
Last edited:
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">