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Unemployment Repayment supposed FRAUD?

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Iliveonearth

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

I recently put my notice of leaving in at my job and was able to work out a part time schedule instead. Before i was going to work part-time a manager said that I cannot work part-time so i ended up leaving on my 2 weeks notice day. i filed for unemployment since I had a schedule then she turned around and said no we cant do the schedule you want. I received benefits for 3 weeks and just got a letter saying I committed FRAUD!!! It says I must repay the amount I received plus a $90 fine. I ill repay this amount as i did some more research and it appears since i already put my 2 weeks in it does not matter and i am unable to receive unemployment.

My question is will I just have to repay the amount and fine back or will I have to go to jail for not understanding the rule!
 


Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? KY

I recently put my notice of leaving in at my job and was able to work out a part time schedule instead. Before i was going to work part-time a manager said that I cannot work part-time so i ended up leaving on my 2 weeks notice day. i filed for unemployment since I had a schedule then she turned around and said no we cant do the schedule you want. I received benefits for 3 weeks and just got a letter saying I committed FRAUD!!! It says I must repay the amount I received plus a $90 fine. I ill repay this amount as i did some more research and it appears since i already put my 2 weeks in it does not matter and i am unable to receive unemployment.

My question is will I just have to repay the amount and fine back or will I have to go to jail for not understanding the rule!
Yes, you will need to pay them back along with the fine. And no, it is quite improbable that you would go to jail.
 

Iliveonearth

Junior Member
Yes, you will need to pay them back along with the fine. And no, it is quite improbable that you would go to jail.
Ok I already have the repayment in the mail. I didnt know that you cannot willingly quit even if they do not accept a new schedule. Should I call them to make sure that is all?
 

Shadowbunny

Queen of the Not-Rights
Ok I already have the repayment in the mail. I didnt know that you cannot willingly quit even if they do not accept a new schedule. Should I call them to make sure that is all?
The letter you received will tell you exactly what you needed to do. If you've followed the instructions, ie, mailed a payment to them in the time they directed and to the address they told you to send it to, then there's no need to call them.
 

Iliveonearth

Junior Member
The letter you received will tell you exactly what you needed to do. If you've followed the instructions, ie, mailed a payment to them in the time they directed and to the address they told you to send it to, then there's no need to call them.
It didnt tell me an address to send payment to but it did tell me who to make the check out to. I sent it back to the unemployment office.
 

cbg

I'm a Northern Girl
They are far more concerned with getting their money back than they are with prosecuting. As you have made the repayment, they have no reason to take any further action. They would rather spend further resources, which are limited, on those people who DIDN'T pay them back.
 

Iliveonearth

Junior Member
They are far more concerned with getting their money back than they are with prosecuting. As you have made the repayment, they have no reason to take any further action. They would rather spend further resources, which are limited, on those people who DIDN'T pay them back.
Ok thank you. I dont think I committed FRAUD. That word just may have scared me a bit. i immediately paid them back after understanding the rules. I even explained to them while I was filling for unemployment that they verbally told me i coul dnot work part time. Ive only gotten a speeding ticket in my life. I dont want to be a criminal or an accident.
 

Zigner

Senior Member, Non-Attorney
I didnt know that you cannot willingly quit even if they do not accept a new schedule.
I'm just going to address this, as your other concerns have been addressed.

Why do you think it's ok to dictate demands to your employer? You will want to take this as a lessen for the future that YOU don't get to set schedules. You can ask, but they don't have to agree. You quit, without cause (from an unemployment standpoint).
 

Iliveonearth

Junior Member
I'm just going to address this, as your other concerns have been addressed.

Why do you think it's ok to dictate demands to your employer? You will want to take this as a lessen for the future that YOU don't get to set schedules. You can ask, but they don't have to agree. You quit, without cause (from an unemployment standpoint).
Because it was their idea after I had put my 2 weeks notice in. Then turned around and changed it last minute.
 

Chyvan

Member
Because it was their idea after I had put my 2 weeks notice in. Then turned around and changed it last minute.
It's for this reason, that I'd appeal.

When the employer countered with part-time work, that means that you didn't quit anymore.

When the employer said you couldn't work part-time after you agreed to it, that was you being fired.

I don't think there is any fraud here at all. Now, it could be that KY has no part-time worker provision and there is an "able and available" issue, but at a minimum, you can save yourself $90 if you appeal, and you just might get your UI reinstated.
 

Zigner

Senior Member, Non-Attorney
It's for this reason, that I'd appeal.

When the employer countered with part-time work, that means that you didn't quit anymore.

When the employer said you couldn't work part-time after you agreed to it, that was you being fired.

I don't think there is any fraud here at all. Now, it could be that KY has no part-time worker provision and there is an "able and available" issue, but at a minimum, you can save yourself $90 if you appeal, and you just might get your UI reinstated.
You got it wrong - the OP said "I will work these part-time hours" and the company said "No, we don't need a part-time worker", so the OP left.
 

Chyvan

Member
I recently put my notice of leaving in at my job and was able to work out a part time schedule instead. Before i was going to work part-time a manager said that I cannot work part-time so i ended up leaving on my 2 weeks notice day.
Because it was their idea after I had put my 2 weeks notice in. Then turned around and changed it last minute.
You got it wrong - the OP said "I will work these part-time hours" and the company said "No, we don't need a part-time worker", so the OP left.
No, I got it right. The employer induced her to stay on a part-time basis and then changed their mind. While they can do that, the employer turned a quit into a rescission of a quit, and then fired her from the job that she was offered.

There's no fraud in how she filed for UI. She may not be eligible, but it's not fraud. She shouldn't be so quick to part with the extra $90, and should make an attempt to get her benefits reinstated because it will all be handled in the same hearing, and isn't any extra work.
 

Zigner

Senior Member, Non-Attorney
No, I got it right. The employer induced her to stay on a part-time basis and then changed their mind. While they can do that, the employer turned a quit into a rescission of a quit, and then fired her from the job that she was offered.

There's no fraud in how she filed for UI. She may not be eligible, but it's not fraud. She shouldn't be so quick to part with the extra $90, and should make an attempt to get her benefits reinstated because it will all be handled in the same hearing, and isn't any extra work.
The full time employee doesn't get to dictate their own schedule. The employee had not yet begun to work the new schedule and the employee decided to quit instead of working the hours he was scheduled for.

I do agree that it can't hurt to try.
 

commentator

Senior Member
For heavens sake, this person needs to call and talk to the unemployment fraud division. If they've already mailed back their $90, then I'd say that ship has sailed. Ordinarily the employee doesn't have the right to dictate when they'll quit. If they announce they're quitting, then the employer can say, leave now. And it doesn't make you eligible for unemployment during the two weeks or so that you were not allowed to continue working. The employer has the right to determine the schedule of the work to suit the interests of the business. But whatever.
 
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