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  1. #1
    Join Date
    Jan 2011

    Default Unemployment Penalty Weeks Extended After Appeal to Waive Penalty Weeks Was Denied

    My question involves unemployment benefits for the state of: OHIO
    I was a charged with unemployment fraud after collecting unemployment while I worked a commission job. This was in 2004 and I have since paid all the money back. The attorney generals office waived the interest back in 2009 and I was left with 24 penalty weeks. I sent in an appeal back then asking if they could waive the penalty weeks early since everything had been paid back. The 6 year statute of limitations was to be up in December 2010. They denied the appeal and I thought I would just serve out the balance of the 6 years and the penalty weeks would fall off in December.

    I called a couple of weeks ago to check on this and was told that because I filed an appeal and it was denied, that starts the clock all over again on my penalty weeks! To get rid of them I have to be unemployed and file a claim to take up the weeks and not be compensated or I have to wait until the new statute of limitations is up in 2015. I didn't get any notification that this had happened. When I asked about the law or statute for this decision, I was told that there was nothing written down. That the appeal people have to the latitude to do that.

    I'm not sure what to do at this point. I have a full time seasonal job where I will be furloughed between 2 weeks to 3 months once a year. We are allowed to collect unemployment for that time off. I was lucky for 2010 because our furlough was only 3 weeks, but I can't say for 2011. I don't have alot of money right now but, I'm wondering if I should try to get some type of legal representation or help? I worked hard this past 6 years to get this taken care of so I could put this behind me and get on with my life. Six more years is a long time to go without unemployment just for asking if they could waive my penalty weeks.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Unemployment Penalty Weeks Extended After Appeal to Waive Penalty Weeks Was Denie

    You can see if you can find a local lawyer who can review your appeal and denial and advise you about possible future steps. But it's difficult for me to imagine that the cost of litigating beyond an administrative appeal won't be considerably greater than the value of 24 weeks of UI.

    Also, it seems like this is entirely discretionary - you appear to have admitted to fraudulently collecting unemployment and you seem to be indicating that the only basis you presented for a waiver for the penalty weeks is saying "pretty please" - that on top of their already having waived interest. I don't know why you are stating that your penalty weeks are "starting over" as you've given us no indication that you've ever been penalized - save perhaps for three weeks last year.

    Your best "remedies" as such would appear to be to find a different job that has no furloughs, hope for short furloughs, or to try to find part-time work during your furlough periods.

  3. #3
    Join Date
    Jan 2011

    Default Re: Unemployment Penalty Weeks Extended After Appeal to Waive Penalty Weeks Was Denie

    Thanks for responding. The penalty weeks are in addition to paying back the overpayment. They started back in 2004 and after 6 years if you haven't served them they are deleted as well as any money still owed. That is the statute of limitations and they sent me a notice in 2004 stating this. That is not in dispute. It's the fact that after 5 years, in 2009, I asked if they could waive the penalty weeks a year earlier since all the money had been paid back. They said no and I was told because I filed an appeal and asked for them to waive the penalty weeks they can now start the statute of limitations all over again. Basically, it was just for asking.

    I wasn't aware that filing an appeal would extend the statute of limitations. It would have been up in December 2010. In order to serve penalty weeks I would have to be unemployed and I would not be paid unemployment for 6 months. They would keep the money and I could never go that long with no income. After 6 years you are supposed to be able to a get a fresh start.

    I work for the federal government, I recently passed probation and my job is pretty secure. I will be permanent in a couple of years so I may have to save up for the furlough time. I just didn't understand how you could be penalized for just asking.

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