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    TNBEEGIRL's Avatar
    TNBEEGIRL Posts: 1, Reputation: 1
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    #1

    Aug 24, 2012, 08:53 PM
    How do I appeal unemployment claim denied over alleged over paid last year?
    I am a seasonal employee. Each year I get laid off for two months.
    This season ended as expected (end of May).
    My manager went on vacation and failed to submit my release form.. finally after 4 weeks of not being able to get through on the phone to ANYONE EVER, I find out that I had not been released from my job- so stayed in limbo for about 6 weeks,
    I have gone for 10 weeks now with nothing but a letter stating they (Dept of WF Dev) are auditing my claim from last year, and claim they over paid me 900.00. (which they have taken from the retroactive weeks of pay, and say that I still owe them 900.00
    I have provided both my bank statements and employee records which clearly indicate discrepancies from my employers wage reporting.
    I am an accountant and tax pro- I KNOW the few times I did have a PT job I ALWAYS reported earning 25.00 more than I actually did, to avoid any kind of mess.
    I don't understand how they can just take my money. This money is not public assistance, it is my money which I earned. All of this stemmed from a manager who doesn't even pretend to like me, and demoted me from manager to tax pro in front of my entire staff .
    I know my question is specific about unemployment... but I think I have been discriminated against, and have paperwork to support my feeling
    I am flat broke, 49yrs old , Mexican (YES I am legal) and having to ask my in laws for help to feed my family.
    How can I fix this? I have written a letter of appeal, but how long does it take?
    I also do not understand if there is NO garnishment in place, how can they take my entire weekly unemployment check? Because they are not wages? We are required to pay into them... do I need a lawyer? So far they have taken over 1,000 dollars which I earned and I have seen nothing but a letter stating I would not be receiving unemployment this or next year.
    I feel that this is fiduciary indiscretion, on the managers part which is a labor law issue I believe I should sue (the company)... any comments, or advice? Thanks
    Thanks for reading... any advice is appreciated!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Aug 25, 2012, 05:26 AM
    Quote Originally Posted by TNBEEGIRL View Post
    I am a seasonal employee. Each year I get laid off for two months.
    This season ended as expected (end of May).
    My manager went on vacation and failed to submit my release form..finally after 4 weeks of not being able to get through on the phone to ANYONE EVER, I find out that I had not been released from my job- so stayed in limbo for about 6 weeks,
    I have gone for 10 weeks now with nothing but a letter stating they (Dept of WF Dev) are auditing my claim from last year, and claim they over paid me 900.00. (which they have taken from the retroactive weeks of pay, and say that I still owe them 900.00
    I have provided both my bank statements and employee records which clearly indicate discrepancies from my employers wage reporting.
    I am an accountant and tax pro- I KNOW the few times I did have a PT job I ALWAYS reported earning 25.00 more than I actually did, to avoid any kind of mess.
    I don't understand how they can just take my money. This money is not public assistance, it is my money which I earned. All of this stemmed from a manager who doesn't even pretend to like me, and demoted me from manager to tax pro in front of my entire staff .
    I know my question is specific about unemployment...but I think I have been discriminated against, and have paperwork to support my feeling
    I am flat broke, 49yrs old , Mexican (YES I am legal) and having to ask my in laws for help to feed my family.
    How can I fix this? I have written a letter of appeal, but how long does it take?
    I also do not understand if there is NO garnishment in place, how can they take my entire weekly unemployment check? Because they are not wages? We are required to pay into them....do I need a lawyer? So far they have taken over 1,000 dollars which I earned and I have seen nothing but a letter stating I would not be receiving unemployment this or next year.
    I feel that this is fiduciary indiscretion, on the managers part which is a labor law issue I believe I should sue (the company)......any comments, or advice? thanks
    Thanks for reading...any advice is appreciated!

    Where? What State?

    I trust you've filed a protest - or whatever it's called in your State? That's step #1.
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