I was discharged from my job. My employer said that I voluntarily quit. I had a hearing and the referee asked him why he said I quit. He then brought up an e-mail that I wrote. I admitted I sent the e-mail that evening regarding my not returning the next day for pay or to give back keys, but that I would expect pay and return their belongings. My witness was also admittedly terminated the same day. This referee denied my claim and said I quit, she also did not really hear our side. I appealed stating especially that this "e-mail" was never submitted and should not be considered. They backed up the referee's decision. I cannot appeal again because then I have to pay court costs. Now, I must repay $1700.00. I am still unemployed, a single mom, and a student. What happens if I cannot repay? I think that everyone just backs everyone else, but what if they're wrong? This situation is such a hassle, I wish that I had never bothered. Is there a congressman I can write?
2007-12-15
12:33:42
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10 answers
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asked by
smiley
2
in
Politics & Government
➔ Law & Ethics
u can repay it, just finish school first. do not let it get you down. keep studying and working. u will fix it all.
2007-12-15 12:43:29
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answer #1
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answered by peacefultorture 2
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Collecting unemployment benefits that you are not entitled to is pretty serious. For now, all that needs to be done is to repay the money and they will drop it.
However, here's a truth: if you don't repay the money, it's very likely that the district attorney will be asked to make a decision about what to do. He could, reasonably, charge you with fraud.
Whether you think you were fired or they think you quit is a moot point now - you've already had a hearing where the referee has determined that you quit. You appealed that decision, and the original decision was upheld.
You can, of course, appeal that decision, but you're talking about getting into a long and drawn out ordeal. In the meantime, it's likely that the court would order you to go ahead and repay the money, pending the outcome of your appeal. You would also need to hire an attorney. Sounds like that would get into money that you don't have.
Sending an e-mail saying that "I'll give you your stuff back AFTER you pay me" sounds to me like you were trying to coerce the employer - and it sounds like you were voluntarily quitting. I don't know all of the facts, but it looks to me like this is an expensive lesson.
2007-12-15 12:48:28
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answer #2
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answered by Stuart 7
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If, in fact, you lost your job through no fault of your own, and were not working, even part time while collecting those benefits, you need to find out exactly WHEN your former employed contested your benefits eligibility. In IL, an employer has 30 days to deny eligibility from the time they are notified of a former employee's claim for unemployment benefits. I cannot figure out how you could receive UI for 6 months - it would have been cut off before even the 8 week point if, say, you were notified your claim was being contested and you missed the telephone interview which would gather facts about your employment termination and whether you were let go for cause (in which case you would not be eligible for unemployment compensation). I suspect you were working on the side and collecting benefits? This double dipping is not allowed and they will come after you for repayment - it is called recoupment. In any case, there is no way IL would accept your former employer denying benefits 4 months after you were let go.
2016-05-24 03:20:41
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answer #3
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answered by kecia 3
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By law, you have to pay back the unemployment benefits or face jail time. If this is your first time offense, you can go into diversion, which is a program for first time property offenders. It consists of a 12 month program where you see a counselor once a month, will refer you to job possibilities and will basically help you stay out of jail.
2007-12-15 12:44:25
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answer #4
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answered by envoy02 1
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That's a tricky question, i don't know where you live but where I am if someone applies for unemployment then the state will contact your former employer and they have the right to reject it 3 times, so I don't know why they would give you benefit's if they didn't think you were in titled to them.
2007-12-15 13:36:44
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answer #5
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answered by todd b 2
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In Australia they will take a percentage of your Parenting payment to repay the debt. A friend of mind is paying back a debt he owes and they took about 60.00 per fortnight out of his welfare. You don't have a choice in this as it is taken before they deposit it to your bank.
2007-12-15 12:44:06
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answer #6
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answered by wickedly_funny66 5
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Look into it. I think you can appeal this if you want to. The other side probably doesn't think it will be worth your bother just for $1700.00
2007-12-15 12:42:59
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answer #7
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answered by bin there dun that 6
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Don't you know that you don't have a chance
against a crooked employer?if your getting grant
money it could be tapped.I don't know more about the case to be able to help.in short you tried to BLACK MAIL the employer,to get your pay.I FEEL YOU WAS LUCKY THAT IT WASN'T TURNED OVER TO TO THE DA.
2007-12-15 13:10:33
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answer #8
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answered by Anonymous
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If you can't afford to pay...Just don't pay!
You could find out who your congress man is...You did not say your state.
2007-12-15 12:43:37
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answer #9
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answered by jalady 6
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taxes
2007-12-15 12:41:17
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answer #10
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answered by Anonymous
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