Are you the same person from the other day's questions? Anyway, it doesn't matter. Once you have been denied, without fraud or penalties, there's really not a whole lot you can do. You got the money, after all. It was always with the condition that it was possible the money would have to be paid back at some point if you were determined ineligible. All that was spelled out in the claims paperwork. I suggest that it is simply considered a low interest/no interest loan you got, and yes, eventually, you do have to pay it back. You can send back the paperwork requesting the appeals on these overpayments in a timely manner, as it tells you how to do in the letters, and that will postpone the overpayment a bit longer, but when it comes to having an appeal that will get you approved and fix it so you do not owe money and were fully entitled to unemployment benefits, I can't quite see that happening. Don't bother to go through and look up and send in a bunch of law quotes from the Michigan unemployment law that you believe might apply. They don't, or the people in the agency would've applied them.
I suspect that you were denied on your separation from the school system due to, as you said, reasonable assurance. That means that there is a contract of some type between yourself and the school system that says you are going to be called back at the end of their regularly scheduled school break. Because of the way that school systems have arranged to have the laws slanted in their favor, this is generally disqualifying to you. Regardless of whether or not any wages in the base period of the claim comes from the school system, they are your separating employer.
So there is really no appeal you can make about this separation issue.
Then there is the issue of the separation from the last base period employer. As I said in the previous post, they're not just thrilled you are trying to receive benefits from wages you were paid by them, either, since you did quit them to go to another job. And from the sound of it, you were determined not to have a valid job connected reason to quit, and the separation issue from the base period employer has been denied. You cannot at this point change your reason that you gave for leaving this employer to something else, and argue that you had some other great big valid job connected reason to quit that job. You've already got it set up so that it is what it is, you left them to go to work for the school system.
Yes, in order to receive benefits legitimately, both issues would have to be changed. And I don't think that is going to happen. It just won't. Maybe the kinder thing would've been to not send you any money at all until they'd made these decisions, but that didn't happen. So you are overpaid, no way to argue that you are not.
I do not see how there is an appeal that would be very effective on either of the denials, except that you were given the money before they had determined for sure that you would or would not be eligible, and then they found you ineligible. And now you do not want to pay it back. If you do not, they will definitely go forward with keeping it on your record, it is more questionable as to how hard they'll push to get the money back. It will definitely show up on your unemployment records for many years. They could, if they so desired, get something done to garnish your wages, or take it from your next state tax refund. It will turn up, show up when you do any sort of fee connected state activity, such as apply for a hunting license, driver's license, etc.
Instead of fighting and trying to cook up an appeal, when there isn't really one to cook up, I suggest that you call the number on the decision letter you received and ask them what you can do about this overpayment. If you are truly financially distressed, you can request a waiver of repayment or certainly a postponement of the repayment of this money. I expect they will deal with you very kindly, as no fraud was determined, and these sort of accidental overpayments happen frequently and are definitely not the claimant's fault. Be sure that you do not overpromise them regarding any repayment program that you set up. It's better to pay a tiny amount for a long period than to promise you'll pay so much per month and then default.
In times when unemployment rates were higher and they were busier, I'd almost say don't worry about it, they probably won't come after you for this money anyway. But with the unemployment rate as low as it is, and the sentiment of so many that there should not be such a thing as unemployment insurance anyway, they are probably going to pursue you and expect repayment, even in a non fault case. A few years ago, your particular state tried to automate the whole overpayment/repayment/fraud system for unemployment, and created a horrible snafu where a lot of people with non fraud overpayments that had rested on their accounts for a long time found themselves suddenly receiving notices that they were about to be prosecuted. It could, actually, happen. They cannot prosecute you criminally for this, but it's still a good idea to have it off your records. As I said, a no interest short term loan is what you have received.
But even if you tried to push through all the overpayment appeals you are legally entitled to, and hired a very skilled attorney well versed in unemployment law to write them for you, I don't think it would help much. What would you say, that you DIDN'T quit your previous job to go to the school system, that you DON'T have a reasonable assurance of recall to the school system now? As I said before, you tell them the absolute truth, and they make the decision based on the laws, which they are very familiar with. Then they determine how much leeway they will give you about repaying the non-fault overpayment that you have gotten.
