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mikeab7925 · New User Joined: 26 Aug 2008 Posts: 5 Career Advice: +0/-0

Hi. I live in Pa, USA. Sorry for the long read but I want to try and give as much info as possible.

Recently I opened a claim for UC benefits and was determined eligible. The company I work for, like many in this area, is under hard times. We are currently working 3 day weeks and 2-3 weeks a month down from the normal 40hrs 5days a week. My current income requires that I need additional resources to make ends meet. The problem is that when the first payment from UC was to be paid I recieved nothing. I then found out that my benefits are being taken to pay a overpayment from 2002. The thing is I never recieved any information prior to this and had no idea that I owed the UC office any money.

In 2002 I collected for almost the full 26 week term before finding other employment and moved as to be closer to work. The reason for leaving the other job was due to a labor dispute. I applyed for benefits to see if I was eligible and expected the company I worked for to fight it. I was accepted and there was no fight from the former employer. So I assumed everything was fine.

Now after several phone calls to the UC office I found out that they determined my old claim as a "fault" overpayment in the amount of around $5k. They gave me very little information about it stating that it was purged as it was a old file and could take several days before they could get the full file pulled. I asked what my options were and they told me I really had none and if needed I could write a letter of hardship to possibly get the amount reduced that they will take from the weekly benefits. That option could take weeks to months to take effect, if accepted, and it is almost hopeless as by that point I will be without a home, car, and by proxy a job.

Question

Is there any thing I can do to speed up the process and/or anything else I can do? Im currently looking for a second job or a new primary job but as there are so few im getting nowhere fast. At this point I would appreciate any advice.

mikeab7925 · New User Joined: 26 Aug 2008 Posts: 5 Career Advice: +0/-0

After reading some on the internet I have another question. If the reversal of my determination was due the the former employer appealing it, several months later, couldn't I fight the appeal? Don't the claimant (me) and the employer have only 15 days to appeal the elgibilty determination?

taken from http://www.dli.state.pa.us/landi/CWP/view.asp?a=185&Q=213727#502

mikeab7925 · New User Joined: 26 Aug 2008 Posts: 5 Career Advice: +0/-0

Now my files have been brought out of the purged ones and are accessible. Back when I opened my claim I left that job due to a "labor dispute". I recieved benefits for 24 weeks and and the employer previous to that one stated "I left on my own with out just cause". Which of course would be correct as I found this other job, closer to home, with more pay. I then worked there for 9 months and left due to the labor dispute. I opened the UC claim which I was accepted for and the company I had the labor dispute with did not fight it as they knew they would've lost. Then came in the previous employer 5 months later and fought the claims determination. My recieved benefits were deemed illegal and a fault overpayment was determined.

job 1 (left found better work) -----> job 2 (left labor dispute) -> opened claim recieved benefits ---> job 1 states I left willingly and I lose benefits from the claim opened after leaving job 2.

So I am finding it hard to understand and feel like I am being wronged. I don't know what to do and there seems like there is no help out there for this situation. It just doesn't seem right that a previous employer should have the right to affect your claim from a current or most recent employer.

If anyone else has ran into a problem like this please advise.

Randy · Posted: Fri Aug 29, 2008 5:39 am Post subject:

As is said, "been there, done that". And I'm on your side on this one.

Now, I'm here in Virginia, another one of those lovely "commonwealths". One thing I know is this: There's the law which says the thing clearly (and if memory serves, it's exactly the same here in VA). But then there's the reality. And when it comes to that, the unemployment commissions are in bed with employers and unless and until you're willing to hire an attorney, more than likely you're going to be summarily ignored. And in most cases, the amount of money to be gained by fighting the thing is outweighed by what you'd have to pay a lawyer to represent you so, of course, it becomes better, financially speaking, to just walk away.

Hell of a situation, ain't it?

mikeab7925 · New User Joined: 26 Aug 2008 Posts: 5 Career Advice: +0/-0

Unfortunately I'm finding that to be the case. I'm hurting finacially right now so the laywer thing is pretty much out of the question. I'm gonna go with the only options as of yet and just mailed out my request for a appeal and letter of hardship to the UC office. With luck I might be starting a second job on Monday. Only problem there is the overpayment will continue to be there if UC benefits will be needed later.

Lesson learned. Don't apply for unemployment.

Randy · Posted: Fri Aug 29, 2008 7:19 pm Post subject:

I'm not sure it's about not applying (although I agree that unless absolutely necessary, it is indeed far better to avoid that whole mess like the damned plague), but do make damned you and the UC-people and the employer are all together--in person, on the phone, whatever--when the employer gives his okay for you to receive UC.

In fact, I even had one employer trying his best to weasel out and the lady with the VEC (virginia employment commission) finally nailed him down and asked him straight up: "Look. Did you have a good reason to fire him or was it just because you didn't like him?" Very quiet, then, "Just a personality clash." Never said another word and no challenging the "yes" that he gave, recluctantly.

Glad to here about the new "possible" job. What folks like you and I know, from our experiences, is that these little episodes always work themselves out. Nothing but the best to you and as for all the "thems" out there? Well, never mind, right?

mikeab7925 · New User Joined: 26 Aug 2008 Posts: 5 Career Advice: +0/-0

UPDATE:

I just got the paper work from the UC office.
To clear things up in 2001-2002 I worked at Ritz Craft, then in the summer of 2002 I worked with Leply Construction, and 2002-2003 I worked with Oakwood. I parted with Oakwood and collected unemployment and after 22 weeks Ritz Craft appealed the decision.

The Notice of Determination.
States that Ritz Craft was my most recent employer and that I was denied as I "voluntarily quit." Which is wrong, Oakwood was my most recent employer.

Notice of Determination of Overpayment of Benefits.
States "This is a (fault) overpayment because: failed to report Ritz Craft as most recent employer. Then claimant found ineligible on a voluntary quit." Again penalizing me for Ritz Craft as if they were my most recent employer.
Also states that deductions will be taken until paid or 6 yrs after the overpayment.

Notice of Penalty Weeks Determination.
States "It was determined that such overpayment was due to: failure to provide the UC Service center with your most recent Employer (Ritz Craft)." Which again is wrong. This one says that I'm penalized 21 weeks of benefits during the 4 yr period following the BYE(benefit year ending).

In light of this paper work I have decided to fight this. It was a clerical error on their part and I see no reason to lay down and take this without a fight.

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