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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Unemployment I've Been Collecting Appealed by Employer

    My question involves unemployment benefits for the state of: CA

    I just came from my hearing and have no idea how it's going to go. I was hired by a restuarant as a back-up bartender in July 2008 for extra money to supplement my full time job. I was then offered permanent Fri and Sat nights but had to turn them down because it conflicted with my full time job. I was laid off from my full time job in Dec 2008 and filed unemployment but was still picking up shifts at the restaurant. This year I've been given permanent shifts but it wasn't enough so still collected while looking for a job to supplement. I was given two more shifts and now have the opportunity to take over shares in a catering company so as of Oct 2010, I'm no longer collecting. In April, the restraurant appealed saying I was turning down shifts. That went in my favor. In Oct, they came to me and said they are appealing again because it will raise their payroll and they didn't understand why I was collecting anyways because I've been working. Cut to today. They said they offered my fri and sat in Feb 2009 which I turned down. This I do not remember happening. They even had the manager sign a letter saying the same thing. I remember the offer in 2008 but not 2009. They also say I was working with the Catering Company back then, but have just started this last August. They accused me of not claiming the Catering money. They say they hired me as part time and that's what I am now. But I was hired as back-up and now have four permanent shifts. Completely He said/She said, but was two of them against me. This claim begins on Dec 2009 but the Judge seemed to be considering since Dec 2008. If found in their favor, will I have to repay it all? Also I'm still working there and its really uncomfortable. if the Judge goes in my favor I'm expecting them to try and get me to quit. Any words of wisdom?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unemployment I've Been Collecting Appealed by Employer

    If you are found to have received benefits for which you were not eligible you can expect that they'll order you to pay it back. Presumably you know who works at your place of employment, who was working back in February of 2009, and can figure out who was working the shifts at issue during that period - that may help refresh your memory or demonstrate that your employer had no need to schedule you for the weekend shifts. You were either declaring your catering money or you were not; we can only guess.

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