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  1. #1

    Default Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    My question involves labor and employment law for the state of: California

    I was fired from my job, and filed for unemployment and was approved for unemployment benefits.
    I then started receiving benefits, and continued to look for a job. Eventually I got a new job and stopped receiving the benefits.
    About a month later I receive a notice in the mail saying my employer is contesting my unemployment claim, but it said I would be responsible for paying back any benefits received after the notice date.
    I stopped receiving benefits over a month before the date of that notice, and haven't restarted receiving benefits since.
    The employer is contesting the claim because they do not want to pay additional taxes as the result of my unemployment claim.
    My question is, do I have anything to worry about regarding this claim? There is an appeal scheduled, but I do not feel it is necessary for me to attend since the letter did not state that benefits that I had already received are being compromised. The employer is trying to say that my misconduct was excessively bad, or some such, and I do not agree with that I feel I was doing my job. But what does it matter to me if there is nothing saying I have to pay back the benefits I already received.

    The letter says the hearing will discuss 1) Should the employer's reserve account be charged for any benefits paid. 2) did the claimant voluntarily leave without good cause (that didn't happen, I was fired). Was the claimant discharged for misconduct connected with his/her most recent work. (I attest no, the former employer is saying otherwise).

    Do I have anything to be worried about here? Thank you for any input.

  2. #2
    Join Date
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    If you're expecting that someone here will be able to carve it in stone that you will prevail in this appeal and not have to pay anything back, I'm sorry but we can't do that. There's no possible way for us to know what's going to happen.

  3. #3
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Quote Quoting cbg
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    If you're expecting that someone here will be able to carve it in stone that you will prevail in this appeal and not have to pay anything back, I'm sorry but we can't do that. There's no possible way for us to know what's going to happen.
    It's California, someone is gonna try to.

    OP: You should absolutely attend the appeal hearing. If you aren't there, things could turn out badly for you.

  4. #4
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Well, we know that someone who shall remain nameless is gonna try anyway, no matter what state it is.

    The fact remains that we don't HAVE facts. Not enough to make a prediction of how this will go. We don't know what the employer's side of the story is or what the OP was fired for.

    Is it likely to be overturned at this late date? No, probably not. It is impossible? No, it's not impossible.

  5. #5
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    in im not convinced you are safe from having to repay the benefits or wait out future withholding of benefits to repay those already received.

    Its foolish to not address an issue where you have the opportunity to have input when there is a possibility of a negative impact on your financial status. If you fail to participate, it is quite possible the employer will prevail. If it is determined you lied on your UI application, I wouldn’t be surprised to see a reauirement to repay benefits either in cash now or in withholding future benefits if applied for.

  6. #6

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    One concern I have is that if I try to fight it the employer will sue me in criminal court because they are flat-out lying and bringing false accusations against me.

    I do not see why I should have to go if I haven't received benefits for over two months, and I was determined eligible at the time of applying for unemployment. And the letter I received specifically says I may be responsible for repaying benefits received after the date of the notice.

    There is something very odd about this employer and I am scared that they are bringing up a claim against me that is almost entirely based on false or made up information.

  7. #7
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    On the basis of what you have posted, your employer has no basis to sue you in either criminal or civil court. Unless, of course, there's something in the reason for your firing that gives it to them.

    It's up to you. If you feel so strongly that you shouldn't have to go, then don't go. But since that means the UI office will only hear one side of the story - your employer's - you shouldn't be surprised if your employer wins the appeal.

    Or, you could realize that grown up adult people often have to do things that in a perfect world they shouldn't have to do, go to the hearing and get your side of the story on the record as well.

  8. #8
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    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Ya don’t have to go


    dont be surprised if the ui folks find in favor of the employer and want their money back. There is too little info here to tell you that can’t happen.

  9. #9
    Join Date
    Jan 2011
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    401

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    The employer can't sue you in criminal court. If the employer thinks that you have committed a crime it can file a police report and the DA will determine whether or not to bring charges or investigate further.

    You go because, as jk pointed out, if you do not and the employer prevails there is a possibility - however remote - that you will have to refund the benefits you did receive or you will not receive them in the future.

  10. #10

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    So, in my opinion the employer doesn't really have a case. I read the report presented to me regarding the case, and roughly half of it is made up of strictly false/made up information. The other half is made up of flimsy arguments that, to me do not sound like they constitute serious misconduct.

    I am afraid that if I fight it here, and win (because again, the employer just made up a bunch of stuff), the employer will become angry and pursue further action against me, whatever that may be. That is the only reason I'm afraid to go. Is this fear warranted?

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