Forced To Repay Unemployment Benefits?

[username52]

NY

I filed an unemployment benefits claim a couple years ago. When filing the claim, the labor department rep asked for a list of my recent employers. I gave the department of labor all thirteen of my recent employers' information, some of which I work for as an "independent contractor".

In accessing the claim, the department of labor wrongfully taxed one of my 10-99 employers for the duration of my claim. I had no knowledge of this and there was no way I could.

Today, more than a year after the claim in question has expired, the employer is taking me to ALJ labor court for a determination of wrongfully paid benefits. The paperwork says that if it is determined that I was wrongfully paid benefits, I will be obligated to repay any benefits received. Whhaaaaat?

Will I be held accountable for a clerical error at the DoL?

Thanks in advance.

 

[ecmst12]

Yes, if a mistake was made and you were overpaid, you will have to pay the money back.

 

[fairisfair]

NY

I filed an unemployment benefits claim a couple years ago. When filing the claim, the labor department rep asked for a list of my recent employers. I gave the department of labor all thirteen of my recent employers' information, some of which I work for as an "independent contractor".

In accessing the claim, the department of labor wrongfully taxed one of my 10-99 employers for the duration of my claim. I had no knowledge of this and there was no way I could.

Today, more than a year after the claim in question has expired, the employer is taking me to ALJ labor court for a determination of wrongfully paid benefits. The paperwork says that if it is determined that I was wrongfully paid benefits, I will be obligated to repay any benefits received. Whhaaaaat?

Will I be held accountable for a clerical error at the DoL?

Thanks in advance.

That doesn't make any sense, as I don't think that isn't how unemployment works. Employers pay a set amount for unemployment WHILE the employee is working. A particular employer does not pay your benefits as they are paid out. Having more employees collecting unemployment may cause their rates to increase, but it is not like they are directly paying your weekly check.

Are you SURE that is why they are saying that you were overpaid?

 

[username52]

To: fairisfair

They are saying that I worked for them in the capacity of an "independent contractor" thus I should have never been paid benefits from them. I completely agree with them. They should have never contributed towards my claim.

The administration at the Department of Labor made a mistake when they processed my claim, and taxed this company on my claim.

What I'm saying is: I had no idea that this company was contributing to my claim. The DoL screwed up. The money is long gone.

 

[fairisfair]

however, you did claim that you worked for them as an employee correct? although you were in fact an independent contractor.

One might ask the question as to why this particular "employer" did not dispute your unemployment claim at the time it was made.

 

[cbg]

You seem to be operating under the theory that since it was not your mistake, you should not be responsible for repaying monies you were received, but were not actually due.

Nice theory. Too bad it won't hold water legally. Doesn't matter who made the mistake; if you received benefits you were not due, you have to repay them.