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Unemployment Overpayment letter?

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DavidRazz

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Hey, I was hoping you all could help me with a question about unemployment overpayment. I was actually collecting unemployment two years ago, and just got a letter about this now. I am kind of freaking out because I only was given 7 days to respond, and I didn't, because I only check my PO box a couple of times a month, and had no idea the letter was waiting for me.

Anyway, the letter said that I may have been improperly collecting benefits for about 4 weeks at the beginning of my unemployment. The amount in question is $1100.

Here is what happened: I was working two jobs in early 2012, a call center job and as an adjunct instructor at a local community college. At about the same time, I was laid off from the first job and was told classes would not be available for me in the fall. The discrepancy relates to the teaching job. I finished up my semester in early May and turned my grades in. However, I received my last monthly payment from the school at the end of May. So it was not clear to me if I was unemployed when I stopped working, or when I stopped getting paid. I was working with an associate in the state's department of labor, and I specifically asked him when I could file, because I was nervous about doing it wrong. I still have a copy of the email I sent to him, asking this question. I wish I had a copy of him telling me that I could go ahead and file, but unfortunately his email response was "give me a call and we can talk about it". But he did tell me it would not be a problem and that I was unemployed as of the moment I was no longer working.

So my questions are: 1) Is it true that I was unemployed as of the day I was no longer doing work for the school? 2) Whether the answer is yes or no, do you think I have a chance of getting the amount waived, since I made a good faith effort to do the right thing? 3) Do you think there is any chance I could be prosecuted criminally. I realize this may seem like a silly question, and everything I have seen online seems to suggest Tennessee mostly just wants to get money back from "offenders", but the language in the letter was pretty stern, and I am upset with myself for not checking my PO box more frequently.

Any light you all could shed would be very much appreciated. It's driving me crazy that I can't talk to anyone from the state until Monday.
 


commentator

Senior Member
What is the name of your state (only U.S. law)? Tennessee

So my questions are: 1) Is it true that I was unemployed as of the day I was no longer doing work for the school? 2) Whether the answer is yes or no, do you think I have a chance of getting the amount waived, since I made a good faith effort to do the right thing? 3) Do you think there is any chance I could be prosecuted criminally. I realize this may seem like a silly question, and everything I have seen online seems to suggest Tennessee mostly just wants to get money back from "offenders", but the language in the letter was pretty stern, and I am upset with myself for not checking my PO box more frequently.

Any light you all could shed would be very much appreciated. It's driving me crazy that I can't talk to anyone from the state until Monday.
Okay, it's Monday, you should've talked to someone by now. if not, keep calling. CALL THE NUMBER ON YOUR PAPERWORK, NOT the general number. You will be dealing directly with the overpayment unit.

DO NOT argue with the people in this department, or in any way try to out "law" them. Don't go in and start arguing based on something you've heard on the internet. Just answer their questions. Work with them. I don't think this one will even get anywhere close to you having to pay money back.

You do not need an attorney at this step in the process. In order to prosecute you criminally, they would have to recommend you be prosecuted to the district attorney in your county of residence. They are nowhere near doing this, as really, NO over payment has yet been established for you.

When you call, tell them how you just received the notice, that you got back with them as soon as you can, and then, in intimate and ultimate detail, give them the story of how this occurred. I do not think you have an overpayment here. What you have is a batch of money which showed up to your account when it was crossmatched with other data, and they have a question about how this occurred.

Of course the language they use on all these form letters is pretty stern. But do you think for one minute that people don't say, "Well, I didn't think it was important!" as an excuse to blow it off, not respond? When the truth is, of course, they're just scared to answer. We used to joke about how people NEVER seemed to get the letters that asked them nicely to call us for information, but they always seemed to get the one that threatened them with serious consequences.

Deal with this as soon as humanly possible. Keep records of who you speak with and what date you speak with them, each time you chat. They'll begin by taking statements. They'll probably verify your situation with the college. They'll sort of be interested in seeing that letter telling you that you did not have the position any more. Most important of all will be "did you work and make any wages?" during the weeks you filed for benefits and said you didn't. Because you were paid in the month, they're making sure you didn't do any work in some of the weeks during the month. But since you didn't, and the date you stopped working was the date you became unemployed, there should be absolutely no problem, from what you're telling me here, no overpayment.


But relax, they have to check everything questionable. It is good that you verified things with a person from the unemployment system before you filed for these weeks, and you will of course tell them you did so, and the approximate date you did it. You don't need his name rank and serial number. You did just what you should've done, what I would have advised you to do if you had come on here and asked about this at the time, but this does NOT mean you won't be checked out when the information comes up. He gave you good advice, but he didn't do something in the system to give you carte blanche to do anything and not be audited.
 
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