Unemployment Wants To Be Paid Back - Help

[Teddy246]

What is the name of your state? New York
I am a superintendent of a building (part-time) and also worked in a doctor's office (full0time) The doctor retired, and I applied for unemployment benefits. I received unemployment, but then was told that I should not have gotten unemployment in the first place because I am a superintendent. I never hid the fact that I was a superintendent from unemployment and received a partial unemployment check because of this. Now unemployment wants to be repaid $15,000.00. My question is can they garnish my salary and take me to court for this money. I received a letter saying exactly this - that they will take me to court to garnish my salary. Can they just garnish my salary without having a court date first. Should I just offer to repay them $40.00 month before it goes to court. If I pay them something, will that stop the court proceedings, or can they legally even take me to court. Please advise. Thank you.

 

[pattytx]

What does the fact that you were a superintendent have to do with getting unemployment? Why do they say you owe it back? Does the notice give you any appeal rights at this point?

BTW, unless you can make an agreement with them, yes, they can go to court and get a garnishment order. Of course, if you aren't working at the moment, there are no "wages" to garnish.

 

[JETX]

My question is can they garnish my salary and take me to court for this money.

Yes to both.

I received a letter saying exactly this - that they will take me to court to garnish my salary. Can they just garnish my salary without having a court date first.

No. They have to get a judgment first.

Should I just offer to repay them $40.00 month before it goes to court. If I pay them something, will that stop the court proceedings

Nope. Anything less than payment in full will allow them to file a lawsuit.

or can they legally even take me to court.

Of course they can... and you can bet that they will!!
You defrauded them by not reporting your part time employment... and they will take whatever actions needed to recover the overpaid funds.

 

[pattytx]

Good point, Jetx. I missed the fact that he didn't report his earnings. I don't know why he thought he didn't need to.

 

[Teddy246]

I did report my earnings as a superintendent. I received partial unemployment because I was a super. But they claim that I should never have received any payment because being a superintendent is an everyday job so I cannot collect unemployment if I am working everyday. I received the unemployment due to the fact that the doctor I was working for retired. All this was over 2 years ago and they are now sending me these letters threatening to garnish my wages. I am currently working besides doing the superintendent job. Will I get a court date first before they can garnish my wages? I don't believe I owe this money but my appeals options I believe are long over.

 

[Teddy246]

If I do have to repay this money, then is it fair that the doctor I worked for also paid into my unemployment - shouldn't he be entitled to get money back? I am still very friendly with the doctor who was my former employer.

I failed to mention that I did have a hearing on this matter and I lost the hearing. The judge decided on her own, that a superintendent job cannot be just one day a week as I claimed. My employer (the owner of the building where I am super) actually game to the hearing thinking he would be helping me but I believe it hurt me. The judge asked him how many days I work and he said collectively 1 day a week. I only get paid $100 a week for the super job (so I needed the unemployment until I found another job).

 

[Teddy246]

I have one more question: Is there a statue of limitation of how long they can try and recover this money?

 

[pattytx]

Do you have appeal rights at this point? If so, I suggest you do that. You also might want to consult an attorney to represent you in this matter.

The employer pays into the UI fund based on the ratio of benefit paid to contributions made in the base period. So, if the benefits previously paid to you are determined not to be due, or not chargeable to a specific employer, that employer may get his tax rate reduced in the future.