Never started a Part-time job while claiming UI Benefits...audit is happening

[KYGAL2456]

Hello,

I received a call today from a UI auditor about a PT job that I never started. They claimed that I job abandoned, as I called in 2 times and never came in to work (this part is true, i'll get to why in a minute).

First, the business says the job can pay anywhere from $10-14/hr based on experience. 2 days a week. I have retail management experience, so I figure they will pay the full $14. No. They come back and say, "well, it's really $9.50 an hour, but we can probably get $10/hr approved." At this point, I just wanted to take a fun job that kept me busy while I look for a FT job. My friend also still works at this place, so I didn't want to ruffle feathers or make it hard on her if I disputed the pay. During the interview, the store manager says "we can even have you close and open the store with your experience!" Um, no. Again, I didn't say anything, as my friend stated that the floor manager was "a bitch" and to "be careful." I didn't want to jepordize my friends employment.

So, I get all of my paperwork turned in and there is no offer letter, nor does it say what I will be making an hour. I asked the floor manager via text if $10/hr was approved and received no response prior to me starting. So the first day I'm supposed to start, my son gets an allergic reaction. I text the floor manager, let him know. 2nd day, still bad with my son, I text him again and told him I was sorry, but I am resigning, as per the handbook for the company, 2 call in's would be in termination gray area, so I just decide to sever ties before I even begin working there. I drew no paycheck from this company, nor did I work any hours for them.

Now UI wants the texts between the floor manager and I about not starting the job. I've looked for them, but have switched IPhones and I didn't backup any texts on the cloud so now their gone. My old phone was wiped clean and turned in for credit. I told them there were several other factors besides the pay of why I didn't start the job. I was told by my UI claims specialist that you don't have to take a job that's not suitable for you (not enough hours, pay was no where near where I was making at my old job). What do I tell the auditor? When I claimed my check the week I severed ties with the PT job I said that I didn't deny the job because I was under the impression that you deny if it's close to what you were making previously but other factors prevent from taking the job. What do I do? I'm also now employed FT as of Nov 2nd, but the auditor didn't ask me about that, as I haven't claimed a check since I've been working (obviously). What do I do? I honestly didn't know this could happen, otherwise I would have never turned in the paperwork to the retail shop I was going to work in 2 days a week. I don't want to get in trouble! I didn't think it would be a problem since I didn't get paid by the employer.

 

[commentator]

What do you mean, what do I tell the auditor? Tell them exactly what you have told us here, and let them make a decision. Of course the issue is that each week when you were certifying for unemployment insurance you answered a question to the effect of "did you quit a job, accept a job refuse a job this week?"

And since you very obviously did, and of course everybody knows you wouldn't have done it if you had known it was going to cause you to be cut off your unemployment, you just have to tell them exactly what you did do. Lay off this "I can't get phone records because they're in the Cloud" and so on and so forth. Just tell them exactly what you said and did, don't make excuses. They'll make a decision on whether or not you've got an overpayment for failing to report your job refusal, whether it was a legitimate job, etc. The trouble is, if you worked a minute for the new place, and then quit, that would disqualify you for unemployment benefits until a new decision approving or denying benefits can be made. There's nothing magical that you can show them or prove to them that's going to change exactly what did happen, no amount of excuse making about how if you had known this would cut off your claim you'd not have done it that's going to change exactly what you did do. Just lay it out honestly.

No you really do not have to accept a job that is not equivalent to the job you had in regard to hours and pay, but really, that doesn't mean you don't have to answer the weekly certification questions honestly about accepting/quitting/being offered another job. And once you have accepted a new job, then you have accepted the lesser pay and the lower number of hours and the working conditions,etc. That you didn't work there sounds more like that you didn't go in the first day because your son was sick than that you found the job was unacceptable.

But let them do the sorting. answer them honestly, work with them and let them decide if you are overpaid, or what should be done. An attitude of frank cooperation "let's get this straightened out" will serve you much better than equivocating and avoiding them.

Investigations of this type done by the agency are much more interested in getting the money back if you are overpaid than they are in punishing everyone they deal with. They are NOT criminal prosecutions, don't let anyone tell you to get an attorney and clam up or something like that. They'll just have to work it out and get a decision about what they'll do on your unemployment.

 

[KYGAL2456]

What do you mean, what do I tell the auditor? Tell them exactly what you have told us here, and let them make a decision. Of course the issue is that each week when you were certifying for unemployment insurance you answered a question to the effect of "did you quit a job, accept a job refuse a job this week?"

And since you very obviously did, and of course everybody knows you wouldn't have done it if you had known it was going to cause you to be cut off your unemployment, you just have to tell them exactly what you did do. Lay off this "I can't get phone records because they're in the Cloud" and so on and so forth. Just tell them exactly what you said and did, don't make excuses. They'll make a decision on whether or not you've got an overpayment for failing to report your job refusal, whether it was a legitimate job, etc. The trouble is, if you worked a minute for the new place, and then quit, that would disqualify you for unemployment benefits until a new decision approving or denying benefits can be made. There's nothing magical that you can show them or prove to them that's going to change exactly what did happen, no amount of excuse making about how if you had known this would cut off your claim you'd not have done it that's going to change exactly what you did do. Just lay it out honestly.

No you really do not have to accept a job that is not equivalent to the job you had in regard to hours and pay, but really, that doesn't mean you don't have to answer the weekly certification questions honestly about accepting/quitting/being offered another job. And once you have accepted a new job, then you have accepted the lesser pay and the lower number of hours and the working conditions,etc. That you didn't work there sounds more like that you didn't go in the first day because your son was sick than that you found the job was unacceptable.

But let them do the sorting. answer them honestly, work with them and let them decide if you are overpaid, or what should be done. An attitude of frank cooperation "let's get this straightened out" will serve you much better than equivocating and avoiding them.

Investigations of this type done by the agency are much more interested in getting the money back if you are overpaid than they are in punishing everyone they deal with. They are NOT criminal prosecutions, don't let anyone tell you to get an attorney and clam up or something like that. They'll just have to work it out and get a decision about what they'll do on your unemployment.

Thank you for the response, Commentator! I never worked one minute of this job, so hopefully they will see that I had no ill intentions. So glad I never worked for the small company. Thanks!

 

[Chyvan]

I never worked one minute of this job, so hopefully they will see that I had no ill intentions.

Don't get your hopes up. There is certainly more to work with when you refuse work because of suitability factors, but then . . .

So the first day I'm supposed to start, my son gets an allergic reaction. I text the floor manager, let him know. 2nd day, still bad with my son, I text him again . . .

This screams able and available, and I'm willing to bet money that you filed a claim for that week and affirmed that you were able and available for work, but that text message tells a different story.

You've got your work cut out of you. You've probably got some type of disqualification in there. I don't think you reported the refusal on your claim form either and that the UI office found out about it because someone at that company is out to get you, and they will turn everything over to the UI office to let them sort it out.

 

[commentator]

Even though there may certainly be some avoidance involved in that this sounds like the person did not report their situation with the new job (as in been offered, etc.) they do not "have their work cut out for them" because there is only one thing for them to do, which is tell the investigator exactly what happened, and that is not hard.

Whether or not someone is out to get you does not matter in the truth of what actually happened. How they found out about this job refusal is a moot point. Employers are usually too busy to launch a vendetta against one person who may or may not have refused a legitimate job and who, in any case would not be hurting their rates if they drew unemployment. It might have been your friend who works there, or your jealous sister in law who called in to the fraud tip line. Regardless of how you were caught, how they found out about this job that didn't quite happen, the situation happened.

It appears perhaps it was reported incorrectly by you during the time you were drawing benefits. And now they want to get to the bottom of it. It is the investigator's job to investigate, and they will do this, without personal malice toward you. They just want the money back if they determine you were overpaid based on the facts.