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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Exclamation Unemployment Benefits and Overpayment Audit

    My question involves unemployment benefits for the state of: Georgia

    I first want to state that I have never been in trouble with the law and that I have always played by the rules. I was in a desperate situation and did not know what to do. I was on the verge of loosing everything I worked hard for and did not know what else to do.

    I was laid off from my previous employer back in August of 2010 and starting collecting unemployment benefits on the second week of Aug since I was given a severance check. My benefits, $330wk, were not even enough to cover my rent and my leasing office would not allow me out of my lease with out a strict penalty so I was collecting UI while doing freelance at my previous employer and only claimed an income twice. I know what I did was wrong, but I could not survive and had no where else to turn. I did this until the first of December when I claimed earnings and stopped receiving payments from unemployment. Shortly after I did get a job and have been employed with them since. My previous employer sent me an email just yesterday that they are being audited for my income while on unemployment. They did 1099 me at the end of the year.

    I was paid 4,600 from the state for unemployment for the whole time. I have full intentions to repay these money's and want to get this taken care of before this gets to court. From what I have googled it seems the penalty for this varies as I see some people have just been made to repay and some have been thrown in jail. I assume the ones that were thrown in jail was because of failure to repay? I called the unemployment office this morning and told them of my situation and they said I have to wait for them to send out a letter to me to explain the difference in earnings. Then they will most likely just send out a letter of repayment or they might file a lawsuit if they feel its fraud.

    I want to get this resolved with out any legal hassle and the need to bring in a lawyer. If I send them my letter of intent to repay when they send out the first letter with a check will this show good faith on my part or will this automatically presume guilt on my part? I understand that they are trying to crack down on this but I don't want to be made and example of.

    I guess my questions are; will this be brought to court or more likely just a repayment issued as long as I corporate? What are the chances of jail or a charge of fraud and probation on me? Should I start talking to a lawyer now or wait till they contact me and tell me what their intentions are?

    I know they have more to gain to get the moneys back from me then putting me in jail. Over time I would make more for the state in employes taxes then I would in jail and unemployable afterward.

    I would appreciate straight answers and no smart remarks. I know what I did was wrong and have never broken the law before.

    - C

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unemployment Benefits and Overpayment Audit

    The unemployment office is far more interested in getting back the money you fraudulently claimed than they are in prosecuting you. If you are sufficiently penitent, cooperate fully and make your repayment(s) promptly, it is likely that will be the end of it. If you fight them and fail to follow up on your payment(s), they are much more likely to prosecute.

    Take away from this for the future; W-2's and 1099s are ALWAYS cross-referenced against UI payments. They will ALWAYS catch overpayments sooner or later. There is NO chance of it being overlooked, and if it happens again, they are more likely to START with jail.

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