I received a notice in the mail today that my former employer (temp employment agency) is appealing my claim for unemployment benefits.
Hearing is next week.
If they win, I've already checked with the Unemployment bureau, I'd have to pay back all my unemployment benefit money that I've been receiving since last Aug. That's $2,000 something. OMG....
I'm sick to my stomach. There's no WAY I can repay that, particularly if I don't have a job!!! I can see, if the decision was overturned, to just cease any further payments (there's just about $500 left)....but .... how the hell am I supposed to repay it? Without a job? I do have a job prospect, but even if I were hired, that doesn't start until March. And it's only part-time. Which is only what I can work anyway, because of health issues and single mom stuff.
There's a place called Christian Legal Services, and I left them a message to call me. Another legal group, too.
Not much to say, other than I will pray for you and wish you well. I have no experience in this but talking to a lawyer might be a good first step.
jbean
I know this is some scary sheeeiiiittt but deep breaths, calm down .
From what I've heard this is pretty common. On what grounds is your employer protesting it? Besides being a greedy SOB that is? I agree with JB, find a lawyer if you have too or an agency that is familiar with unemployment benefits. Heck maybe just another call(I know... after staying on the line until Social Security kicks in) the unemployment office and ask on what grounds your benefits would stop if your former employer was protesting, especially since you are already recieving them. At least they should be able to give you the criteria so you know where you stand and can start preparing for it in case...
Tex
This message has been edited by TexMac2 on Feb 11, 2005 4:04 PM
>>There's no WAY I can repay that, particularly if I don't have a job!!!<<
Exactly! You can't get blood from a turnip. So you can relax. At least you could relax, if you weren't so hyped (if you see what I mean).
As Tex says, whether there is any grounds for appealing your claim is an open question right now. Your employer says but your employer probably has an agenda.
Even if your employer has some grounds for an appeal, no reasonable person, including a judge, will demand repayment when a person has no possibility of meeting that demand.
You'll be okay. I know it's much easier said than done, but if you can, take some deep breaths until you have all of the facts and know your options. Just take it step by step - you know the drill - we've been doing it for years.
It sounds 'curious' that an agency would months later dispute a claim. In NC a hearing happens before any money is disbursed.... or so I have been told.
Further, Jean, have you ever thought about filling for disability???? just a thought
I'm at my mother's right now. I didn't tell her about this, as all she would do is worry (and as she's still somewhat raw from my dad dying 2 months ago, I thought better of it).
Okay. Firstly. I don't really want to file for disability. I can work, and if I get an hourly rate of what someone in my field can get as a corporate/business part-time writer (I've done it before...now just how the heck did I do that??) -- that plus the child support would be fine. Except for health benefits...right now I don't have any).
The part-time issue is two pronged:
1. I'm committed to being at home for my children as much as possible i.e., be there for them after school, to help with homework, to take them to music or sports lessons. And I know, with all the home responsibilities on me as well, that I can get pretty snappy when I'm exhausted, which I would be if I worked full-time. I know myself -- I wouldn't be able to be a good, loving, encouraging mom if I'm exhausted. Rather, it'd be more of a "shut up and please go to bed...I need to do (whatever)."
They don't have any other loving relative around to help, so I'm it. Yes, they do have their father, but he's only available with it's convenient for him to be a father, plus, to be honest, he does work extra and travel a lot.
2. Unless I had somone at home to support and help ME (laundry, cleaning, cooking....), I doubt that I would physically have the strength for full-time work and do what I need to do at home. Altho, of course I HAVE worked full time for several years (before children) -- that was before the fibromyalgia.
I don't mind getting the unemployment -- after all, I paid into it. But I am ABLE to work, part-time, that is. I don't want to drain the system, and in fact, would be much more satisfied with myself when I do get something appropriate part-time.
well, I need to get off of this PC, so I'll finish this later.)
Jean
(edited to clean up this huge mess of a post. My sister yelling at the back of my head to get off the PC.)
P.S. I'm scared about this hearing coming up. I never would have accepted the unemployment checks if I thought it was a LOAN!!
This message has been edited by Jean150 on Feb 12, 2005 12:09 PM
Thanks, Tony. They could maybe get, umm.....$5 to $10 a month, unless they take my house, ha ha. I can't see that that would happen. Would they like a 11 year old car that is hanging together by a prayer? That's all I got.
This should be interesting. The good news is, my brother, a corporate lawyer, has offered to represent me if my former employer wins the appeal.
My thing is, AGAIN, that I never would have accepted this unemployment money if there were any indication that this was a LOAN. I live bare to the bone, but I'm not stupid.
I'm in HR so I know how these things work (in California, at least).
Unemployment is actually an employer-paid tax. Because tax rates fluctuate from year to year, employers have to try to control the amount of claims that are paid out.
If you are ready and available for work and you left your last job through no fault of your own (misconduct) then you should be fine. I'm assuming you left your last job because the assignment ended. That, of course, is no fault of your own.
If I had to guess, I'm thinking the temp agency is appealing based on the "ready and available to work". Have they offered you a FT job, but you only want PT?
Can you tell me the basis for the appeal? Maybe I can help you out.
I can tell you that the end of the assignment had nothing to do with misconduct. The issue is between the actual temp agency and me. I could explain it all here, but that would be a REAL departure from talking about infidelity and/or divorce, so.... I don't know if it would be appreciated if I spilled out all the guts here.
However, I would LOVE to email you this information privately and you can let me know what you think. That would help a lot.
If you would, click on my name to get my email and send me yours.
I just sent you two emails with the info this evening. Hope you can help me out. (And don't spare any punches....I want your opinion as someone who works in this field.)
I've talked to a really nice woman at the umemployment bureau. She said that in order for us to get to this point in the process means that my former employer had already submitted an appeal to my benefits, which may have been timely, but was obviously denied.
I was told then that a lot of times these appeals are granted at a hearing simply because the benefit claimant simply doesn't show up! (So...this may be what my former employer is counting on.)
Also, I was freaked about having to pay this back when I don't have a job or having payments looming over my head for years, and she says that payback could be simply applying this amount I MIGHT owe them against unemployment benefits I would otherwise be entitled to in the future.
whew. then that's not as bad as I was imagining....
so. The weekend was hell, but Monday morning's not so bad.
Tootsie was a very sweet person to take the time to sort thru the details of my drama, as she works in HR, and her take on it gave me some encouragement, too.
THANK YOU again, Tootsie. I'm not afraid to go to this hearing on Thursday anymore.
I found out today that they reversed the decision. Can you believe it?
Well, I told the woman at the unemployment bureau that I have absolutely no extra money, and that I NEVER would have taken that money if I thought it was a loan, etc.
She said I could appeal this decision, which I will (what a way to use your time up, huh?).
I told her that if I could understand if they just cut off benefits once a reversal was made, but to request that I pay back money that's already spent because they changed their mind???? I can't believe they can do that.
I also said that if they do send me a bill that my children's priorities will come first -- such as orthodontia, academics, music and sports lessons, a field trip here or there -- and that it could be quite a while before I pay that back. She told me not to "lose any sleep over it" and said that after 7 years that they wipe out that debt.
What do you think? I hate having any outstanding bills, and I have good credit, etc. I hate the fact that I owe them back, after receiving what I thought were my benefits.
I'm just not having a good time lately.
What really makes me mad is that I really liked working where I was working. ugh.
The "don't worry they wipe it out after 7 years" sounds to me very similar to the credit burea policy in Canada. I don't know about the US laws but I would imagine similar to Canada they would report the money owing to the credit bureau and you may no longer have good credit. Is there any way you could take out a $2,000 loan to pay off the balance slowly and not have that negative sitting on your credit report?
Well, I asked the woman that question about reporting to the credit bureau, and she said that she didn't think that they did that, but I'm going to check to make sure. Because I do have a very good credit rating, and I'll be damned if this mess is going to change that.
If I don't win my appeal to this decision, I'll probably just send them 10 dollars a month until either it's paid off, or I'm up my 7 years of umemployment purgatory.
It's crazy. It's just the principle of the thing -- it's really ridiculous for an agency to give someone umemployment benefits because to start giving someone umemployment benefits because they say that person qualifies, and then to say 8 months later, "oops...now you need to pay us back." Isn't that called a loan? I didn't sign up for a loan.
I have to pay back benefits. Damn it all anyway. I never would have taken a "loan."
well. So, I pay back benefits. Or, I can take the issue to Common Pleas Court (it wouldn't cost me anything). Or, I could just set up an automatic payment plan for a small amount every month after I get a job.
This still makes me so angry. I hate being in debt for anything.
Well, on a brighter note, my artist friend (check out www.dlcstudio.com -- the portrait of my children Nathan and Sophia are still on there) is going to design a free-lance writing website for me. I've picked out some of my old writing, and I've got to get it in electronic form again. Mostly historical features. So....on to bigger and better things, I hope.
I don't know if this will be of any help to you, but I used to work for the UK unemployment benefits office. I'm sure they can't be so different. First of all, talk to them. If you get a stroppy memeber of staff, ask for someone else. Calmly explain your situation. Like someone said said, you can't get blood out of a turnip, or even a stone. In this country, if you owe them money, and don't repay it, it is written off until you make a further claim. Don't ask me why, I don't know, but it is. They will not go to the expense of pursuing a debt so relatively small - in their eyes. I really hope this is the same for you guys over there. But the answer is to talk, explain your position, tell them you can't pay it back, it's not that you refuse to or don't want to, but you can't. They may take a nominal payment ie $1 a week. I've seen that done here. Check on the internet about what counts as primary debt and secondary debt, not sure if that's the right names for them, but here, we have primary debts which are Inland Revenue (tax) poll tax or community charge, which used to be called 'rates' and these are where they can actually send bailiffs to collect goods from your home to the value of the debt - but only if you ALLOW them into your home, they can't break in. Secondary debts are like loans, credit cards etc where they often make threats about sending bailiffs and taking goods, but they are not legally allowed to - they have to take you to court. Now, I really hope you'll check this out on the internet, just type in debts in the search thingy, and you should be able to get the US equivalent to this information. I really can't imagine the government (or whoever it is) going to the expense of taking you to court to get this money, when you are able to show the court that you can't pay it.
Best of best wishes on this, just wish I knew as much about US benefits as I do English!
xxxx
.