[MI] Claimed two weeks too many of unemployment. Got Misrepresentation Letter

[BarnabyJones]

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

Long Story short I claimed two weeks too many of unemployment benefits back in late February after I got my new job. I don't know why I did it, I assume I was just on auto pilot filling out the info like I had been for two months. Im not trying to commit fraud over 724 dollars. I got several letters for fact finding in the UIA portal regarding wage cross matching and misrepresentation. One for my new employer and one for my old employer. My old employer laid me off on January 6th and paid me for the last week of 2016 and the first week of 2017. I didnt begin collecting benefits until January 14th-20th. The income they claim I have for my old employer is incorrect any way I slice it. They say I had $2268.31 worth of income from them in the first quarter of 2017. The two checks I received only total $1,677 and I did not claim benefits for those weeks so I don't know where they're getting that number. If anything my reported income for them should only be for one check.

The income for my new employer lines up with their wage cross matching where I claimed two extra weeks of unemployment before receiving my first check for the last two weeks of Feb. Again, I admit to doing it, but I wasn't trying to commit fraud. Basically, I just want to pay them back the money I owe but im afraid to call them up and say "I made a mistake and claimed two weeks too many. I would like to pay it back as soon as possible and settle the matter." because any way you look at it im admitting to fraud by ignorance which is still fraud.

So basically im just trying to figure out if I should fill out the forms and on the misrepresentation form select "I had not received payment when I applied for benefits" (which is true), call the number that came with the letter and find out what I can/should do, write a letter of response with a check in it, pay back the overpayment via their overpayment portal or hire a lawyer I can't really afford to help me.

Any help is greatly appreciated.

Thanks in advance.

 

[Zigner]

If you pay it back in full, that's likely to be the end of it for the moment. It *might* hinder your ability to get further benefits down the road.

 

[BarnabyJones]

If you pay it back in full, that's likely to be the end of it for the moment. It *might* hinder your ability to get further benefits down the road.

So I suppose that makes my question: Is it possible to pay it back in full without admitting to fraud? If I was going to pay it back they haven't really provided me an avenue to do it unless I go into the portal and pay them via the overpayment menu. I basically just don't want to become a criminal over this but I obviously want to make it right and thats what im having the most trouble with.

Thanks

 

[justalayman]

This doesn't really change anything but trying to figure out the pay issue with the old emoloyer; were you paid biweekly or semi monthly by chance?

 

[BarnabyJones]

This doesn't really change anything but trying to figure out the pay issue with the old emoloyer; were you paid biweekly or semi monthly by chance?

Weekly, sorry, I forgot to specify. Im also concerned about that but don't even know how to fill that form out because while im 99% sure I filled it out right when I applied theres 1% of me that doesn't know and im afraid i'll be admitting to another form of UI fraud. Ive dug through everything I can in the portal and they dont provide you access to the original documents you submitted. They also don't really provide you with much in the way of "Hey, this might have been done by mistake - lets figure it out."

 

[justalayman]

It's odd that your former employers pay is recorded as it is. I thought maybe they reported a biweekly pay or
Something. The only other thing I can think of is they are reporting the last week of the year in 2017. Unemployment doesn't really care when you get paid. The recipient is required to report the earnings in the week earned, not recieved.

Can't help much on the other end. Their questionnaire is pretty clear: did you have any earnings this week.

I know the system can be hell to deal with. If you have a real in person office you can go to it might be simpler. There are a few left around the state.

 

[commentator]

Follow up post here. After talking to some people and doing some research on the situation that is particular to MICHIGAN at the present time, if accused of unemployment fraud in the state of Michigan, I would go immediately to a good employment law attorney, AND LET THEM DEAL WITH THE AGENCY FOR ME. This, unfortunately, may cost you several thousand dollars, but it appears to be the only safe route for someone who has committed unemployment fraud in the state of Michigan in the past five years or so. There are several attorneys and class action lawsuits right this minute who are in the process of suing that state of Michigan for coming up with a wonderful new program which automatically finds people guilty of fraud, uses bogus wages, miscalculates overpayment, even when they did actually occur, and then horribly overcharges the claimant.

I know people who are being drawn into the lawsuits involved as they flop around and attempt belatedly to fix some of the terrible injustices and mistakes made. And am very sorry that the advice I gave above was related to generally any state, and did not deal particularly with the one state in which it is spectacularly bad advice because the system in this state does not IN ANY WAY, work as it is supposed to work. I'm sorry. I had some silly faith in the general integrity of state government, which is falling at an alarming rate, particularly in some states, Michigan being notable in its unemployment system.

It is sort of like encouraging people of Flint to drink the water, happily expecting it to be drinkable because there are agencies that have to control and be answerable to this, aren't there? Sorry, please overlook my former advice.