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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Rewarded Unemployment Benefits, but Employer is Appealing

    My question involves unemployment benefits for the state of: Indiana

    I was fired from my employer in mid January. The claim was sexual harassment towards a female customer (not another employee), although she participated willingly in conversation but decided to report me somehow. Anyways, to my issue. I applied for unemployment being that I never had a warning or any marks on my record prior to this situation. I stated the reasons why I was terminated when I submitted my claim online, I didn't hide anything. It took about 6 - 8 weeks before I got a notice from Indiana UE stating that my former employer failed to respond or contest within the required time frame so my request for benefits was approved. The letter stated that the former employer would get an additional 13 day time window to appeal. I waited until I got notice that the former employer failed to respond before I spent a single penny of the benefits because I didn't want to spend it and have to pay it back. Once the time period passed and I recieved notice, I began to use the money. And I have been on it for most of the last 4 months or so.

    Fast forward to a few weeks ago ($6000 in benefits later), I get a notice from Indiana UE stating that my former employer has appealed. I call in and ask what they are appealing...they failed to respond in the time frame and I was awarded benefits. The lady tells me that they can appeal that they never recieved notice or that they did in fact send their response in time. Now it goes to circuit court or judge or something and if the ruling is in their favor then it will go back for hearing on my eligibility.

    My question is, will I be required to pay the benefits back if the judge allows them to contest and I lose? And how is that fair? I get notice by the state saying I win because the employer didn't respond in the required time frame. I wait til the time frame is completely up before touching the money to make sure that I actually get qualified. Then billion dollar company challenges and I lose. How is that just?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,947

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    will I be required to pay the benefits back if the judge allows them to contest and I lose? That will be up to the state. They may require it, they may not.

    And how is that fair? Where did you get the idea that everything in life was supposed to be fair?

  3. #3
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    I never said everything in life should be fair. It just doesn't seem just that the state could grant me benefits on the basis that my employer did not respond in the proper time frame, and then turn around and require me to pay them back because a billion dollar company with unlimited resources found a way to show that they didn't recieve notice or that they did reply in time. Seems like if my former employer can prove that they had a legitimate reason for being late that it would be the state's fault that they told me I qualified.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,947

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    Let me ask you a question.

    If you were paying a bill, and you accidently picked up the wrong bill and wrote the check for too much money, would you be okay with the store or utility keeping the excess because after all, it was your fault?

  5. #5
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    Apples and oranges. They didn't accidentally do anything. They stated I qualified for benefits and paid out over a several month span.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,947

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    Okay, fine. Have it your way. But it does not change the legal reality that it IS possible for them to require you to repay the benefits and IF that determination is made (which it has not been, yet), that will be a legal determination.

    IF that happens, you can apply for a waiver. IF you are granted a waiver, then no harm no foul. But if it is not, then you are SOL.

  7. #7
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    Quote Quoting cbg
    View Post

    IF that happens, you can apply for a waiver. IF you are granted a waiver, then no harm no foul. But if it is not, then you are SOL.
    That's all I was looking for...thanks. An answer, not a lecture.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,947

    Default Re: Rewarded Unemployment Benefits, but Employer Appealing -

    I don't see where you received a lecture. But then, your perception and mine don't appear to match in a lot of ways.

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