Need some advice on unemployment dispute

10" Red Devil · #1 09/20/2006, 06:34 PM

Hello everyone and thanks for hearing me in advance.

Okay so hear is the deal,

I worked for a pizza place 6 months ago while I was waiting to work in my career. Unfortunately the economy is not so good in Michigan right now and there are a lot of lay offs and basically its really tuff getting a production design job right now. I have to eat, so I went and got a pizza delivery job.

Anyway after about a month my agency called me up with a month-2 months assignment at which time they might have something else for me. Anyway the month or two went by and the assignment ended and I was back to being unemployed. So I went on unemployment. Not knowing that the unemployment agency was going to use the past pizza place employer to calculate my eligibility for benefits. Well anyway I did not want this because frankly its a small business and they dont have a lot of money.

I felt like my leaving the pizza place was peaceful, the employer was aware all along that I might have to leave, but that I wouldnt mind working part-time for him. Unfortunately I had to leave suddenly with only a days notice which did not make him very happy, but what could I do. The design job paid 3 times what the pizza place was and needless to say was much more fulfilling. Anyway he opted to let me go for good. Which was fine because it would have been really hard to work for him since I would be comuting to and from a ad agency in Toledo, Ohio from Canton, Michigan.

Well anyway during my aplication process for the unemployment I accidentally marked that I quit the pizza place when in fact it was more like a firing or being laid off. So I called them back and told them about the error. So I was approved for unemployment benefits. about a month went by and I get this letter that say I have to pay everything back because I quite the pizza place, to the sum of $1733!!

Naturally this is a huge hardship on me and I dont know what to do. I filed an appeal, but was denied based on the fact that I accidentally marked that I quit the pizza place.

I received a notice that I could appear before an administrative law judge to dispute this with the employer, but my issue is not with the employer its with the unemployment benefits association really. Why tell someone they are elegible for benefits and then take it back. I am working now, but do not have this kind of money to pay back, I suppose I could pay it back little by little but why? Its the unemployments offices fault!

There was also a note saying they could take the money out of future benefits owed. However I would have to gross $4k which I will have in 2 more days at my current assignment. However I will have to become unemployed again im sure and that isnt in the forecast until at least november 1.

Any advice anyone?

Thanks.

crp · #2 09/20/2006, 06:43 PM

Technically, you did quit to take the other job. If you owe money when this job ends, you won't get unemployment until that amount is paid back.

Sorry about your luck.

Wilafur · #3 09/20/2006, 07:51 PM

^^ agreed w/ crp.

batguano · #4 09/20/2006, 08:18 PM

Quote:

Originally posted by crp
Technically, you did quit to take the other job. If you owe money when this job ends, you won't get unemployment until that amount is paid back.

Sorry about your luck.

Carrie is right on the money. That is the way it works in NY and forget about appeals, a big waste of time and effort.

10" Red Devil · #5 09/20/2006, 09:41 PM

Okay so they say they can take the amount out of the unemployment owed when I reach $4k which I am about to at my current job. So does this mean they will take it out of the amount owed to me.

I guess my only problem is that they kind of screwed me by handing me checks and approving me and then luling me into security for a month and then saying oh btw we need that money back immidiately! What!?! That is a hefty amount of money. Are they going to make me pay it back or take it out of future unemployment compensation?

Thanks very much!

T Man · #6 09/20/2006, 09:45 PM

Quote:

Originally posted by 10" Red Devil
Anyway he opted to let me go for good.

I received a notice that I could appear before an administrative law judge to dispute this with the employer.

If you were fired, use your rights to have the Pizza joint verify reason for termination. People make mistakes on paperwork every day.The agency is bound buy the information that you have provided, thats why you have the opportunity to explain your case to a Judge and the employer. Good Luck! TinMan

10" Red Devil · #7 09/22/2006, 06:12 PM

So I was wondering if I do pay it back. I imagine I dont have to pay it back all at once. What is "legally" the minimum amount per month or whatever that I need to pay back.

Is this one of those things where as long as Im paying something back they are happy and what is that something amount?

Thanks very much!

hubris007 · #8 09/22/2006, 06:17 PM

So.....why were you getting unemployment if you could get another job delivering pizzas to tide you over?

english83 · #9 09/22/2006, 10:08 PM

My boyfriend just went through something close to that. He was fired from a lage chain pet store, got the unemployment, had to settle for a part time job that hardly covers the bills, and then the ex-boss wanted to challege the unemployment after it stopped. There was a phone conference and luckily he won. But had he lost it would have been a few grand to pay back.

His ex-boss fired him because he was making the boss look bad so when they were understaffed and Craig missed one cage to clean he was fired. Just because he's a very hard worker. It sucked.

hubris007 · #10 09/22/2006, 10:16 PM

I can always use another cage cleaner

10" Red Devil · #11 09/23/2006, 09:15 AM

So can anyone answer my last post?

Thanks.

garvin90 · #12 09/23/2006, 12:03 PM

What will most likely happen for garnishing your wages is they will figure up an appropriate amount based on your current income minus( i believe, no expert) current standard living expenses. Somewhat along the lines of child support and on alimony payouts. As far as whether it will be monthly or every check, i believe they do it as a automatic withdrawl from each check paid just like how taxes and social security is taken out. As mentioned about child support etc, they have minimums.

If the dispute is with the unemployment aspect, talk to them. If you can prove that you did report the error on the paperwork you filed and someone did not fix that, then you may have a case for the payback claim to be dropped. Otherwise you can attempt to plead your case with the judge and atleast try to have him rule down the payments so they can be manageable.

mike4271 · #13 09/23/2006, 12:14 PM

Quote:

Originally posted by hubris007
So.....why were you getting unemployment if you could get another job delivering pizzas to tide you over?

He did not have that option, read his first post;-

"Anyway he opted to let me go for good."

The Grim Reefer · #14 09/23/2006, 01:34 PM

If you gave notice to end full time employment you quit. Your boss wasn't required to offer to give you a part time job. I assume the temporary position didn't qualify you for unemployment benifits?

Anyway if you changed the paperwork to show you were fired you owe the money. The Unemployment people should have had enough sense to ask a couple of questions before approving you but unfortunatly you are still going to have to repay the money more than likely.

DO NOT LET THEM GARNISH YOUR PAY. Make arrangements with them on your own. I am sure they are used to accepting payments in these situations.

Muttling · #15 09/23/2006, 02:25 PM

Quote:

Originally posted by 10" Red Devil
So I was wondering if I do pay it back. I imagine I dont have to pay it back all at once. What is "legally" the minimum amount per month or whatever that I need to pay back.

Is this one of those things where as long as Im paying something back they are happy and what is that something amount?

Thanks very much!

In direct response to this post, how much they can demand immediately depends on the laws of your state and the policies set by the unemployment department.

However, there are some things in your favor. Most notably, most people in your situation have no interest in paying it back and having such a dispute on their record is the least of their worries.

Contact the unemployment office, tell them the details of you situation.....plead ignorance and ask for help in making restitution. It's not going to be painless by any stretch of the imagination, but you need to get on a paying job and on to paying them back. Sadly, their response will be dictated by department policies and you won't stand much chance at negotiating something different. The best you can do is plead that you really didn't understand the situation and need them to help you in setting it right. (This attitude will get you further then any type of confrontational attitude. The burden of proof and honesty was on you, not understanding the situation doesn't remove that burden or responsibility. Shirking that burden will bring down a much heavier hammer then asking for them to help you set it right.)

Last....and MOST IMPORTANT......Keep a journal of every conversation you have with the unemployment people and keep copies of every piece of correspondence no matter who sends it. Be sure to record the NAME of the individual you speak with and don't ever forget to ask their name. If it gets real ****y, the ONLY leg you will have to stand on is the fact that you were trying to work with them to set things right and they were being uncooperative.