Unemployment fraud situation.

[LostSpartan]

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

Hello,

I live in Missouri and last year for almost 4 months, I kept claiming unemployment while I was working a temporary job. I have no excuses and I should have reported it but I had not been working for almost a year and then lost my unemployment benefits. Then I had no income coming into my household for two months and finally got a temporary job. The next week, my benefits were restored. So I kept claiming to catch up and I was thinking the job might end at any moment. I am still working that temp now but I stop claiming a few months later.

I'm not trying to make excuses, just explaining what happened. I know law is blind and regardless of my excuse it was wrong.

So its been almost a year and today I got a letter from the state regarding the claims. I think the amount is close to 4k. Not trying to run, I called the number in the letter and left a message. I was planning on just asking to work out a payment plan and sticking to a no contest frame of mind when I talk to them. Not admiting or denying anything. Just attempting to work out a payment plan.

So I am wondering is this all a good idea or should I get a lawyer, and what to expect?

 

[pattytx]

I don't see what a lawyer can do for you. They'll probably accept some type of payment plan. However, you'll be lucky if they don't charge you with unemployment fraud.

 

[commentator]

As i have said here many times, when you have an unemployment overpayment, the very best thing to do is what this person is considering doing.

The advice to get a lawyer and shut up is good advice if you have murdered your wife or stolen the company treasures, but when you have committed unemployment fraud, and they have caught you, which they were in this circumstance GUARANTEED to do, (duh, did you not think they were going to cross match all the wages made under your social security number?) then you should work with them and cooperate in every way. There is no lattitude in the law that having an attorney can get for you that they won't give you anyway if you cooperate.

Anyhow, the very best thing to do is what you are doing. You will probably be charged some penalties, as well as the amount you actually received, but if they have already told you the amount of the overpayment, and you work with them toward setting up a repayment plan and you repay it in a timely manner, you'll be fine.

Warning: Do not overstate your potential ability to repay this money.("I'll send you a check for the whole balance tomorrow! I'll sell my car! I'll mortgage my house!" ) That is not necessary.

In other words, if you are still struggling financially, ask to request a waiver or a deferral. They will take very detailed information about your income (which yes, they will verify) and if you are really too poor to repay the money right now they may be able to deferr it.

But the very worst thing you can do (other than ignoring their letters) is that you commit to "I'll pay you back, I'll send you $400 a week every week till I get it paid off," and then stop making those payments you've committed to. Better to promise $40 a week and do it. Because promising them you'll pay will not get them off your back, they'll just keep coming after you, a little more strenuously every time.

You can, if you do not cooperate here, end up charged with fraud. You did willfully and knowingly lie on each one of those certifications for a week, that ultimately they could say each was a separate incident of fraud. But if you work with them to get the money repaid, that probably won't happen.

 

[LostSpartan]

Well I called the day after your last message and just merely said that I wanted to pay it back. I didn't argue or admit anything. The guy was quick and simply said that they will send me a letter of the total amount to pay. I didn't get a letter that week so I called back and he said call back if I had not got it that Friday. This happened for two more weeks. Then I called again and he said I would eventually get a letter but I still have not gotten anything. Out of paranoia, I checked the active local court records and I do not see any pending criminal case for me. Not sure if it works that way anyway.

Should I be concerned? Any idea what course of action I should take? Should I call back?

 

[applecruncher]

There won’t be anything in the criminal case records. The person you spoke with said they will send you a letter, and they will. It takes time. Meanwhile, figure out what you can reasonably pay.

I know someone who was destitute and did the same thing several years ago. A repayment plan was worked out and there was a penalty re: future claims. You aren’t going to be arrested so don’t panic. But take this very seriously, and above all, let this be a lesson: don’t EVER make a fraudulent claim again.

 

[LostSpartan]

Your right. I won't and thank you for the advice.