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transcriberchick63
Help!! has anyone had to pay back their unemployment compensation?
My daughter had received unemployment (which they had approved her for). 6 months later after she had already found another job, the old employer filed an appeal and she has a phone hearing in the morning. Has this ever happened to anyone out there and how did it go? Any helpful pointers?
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gosh, now I am really freaking out!! The hearing is in the morning at 8:15 a.m. We can not afford to get a lawyer and probably no time anyway! what to do??



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CatLaw
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In Illinois it is a common occurrence that the employer wakes up and decides to appeal a past unemployment.

Your daughter should obtain an experienced attorney to represent her at the appeal phone hearing. That phone hearing is her FINAL shot at getting this cleared up. This is not the easy, do-it-yourself telephone call that you may think it is. This is a real Court Hearing that follows all current rules of Civil Procedure.

An attorney reviews the appeal documents, questions both sides using the Unemployment Statutes of your state, makes objections in proper legal format, and prepares a closing argument that cites past cases. All evidence for your daughter MUST be presented to the Administrative Law Judge (person running the Hearing) prior to the hearing and be introduced at the hearing by laying the proper legal foundations. Any evidence or legal arguments that come up after the hearing is over are rejected, because this is her final opportunity to make her case.

Yes, I have seen this many times. My law firm has many cases like this. My advice is for her to get herself an attorney and not attempt to play Perry Mason. If she loses she will be liable for the money plus interest. In Illinois the state can go after any state funds due to a person who does not pay their unemployment back, and not paying the money back can cause problems for future unemployment claims.

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Ask M
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Once your daughter found a new job, she should not
have been collecting unemployment.

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Suzy
Employer appeals are not unusual. If your daughter received the compensation for a just cause, she has nothing to worry about. Just be honest.

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1 Luv Girl
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Ok calm down. If your daughter was not working while she was receiving unemployment then she has nothing to worry about. If she is going to a hearing all you are going to do is sit down with a mediator and decide if she had received the money justly. If she reported all her changes in a timely manner and did nothing wrong then she has nothing to worry about. Before the hearing was there a phone call made to your daughter or a letter received? Most times you are notified that there is a pending investigation but you shouldn't have received any money during that time period. The company normally has 28 days to contest an unemployment claim. At this point and no offense since I don't know you it sounds like your daughter may be charged with fraud and may end up paying the Treasurer money back. If that is the case they will set her up with a payment plan and thats it. If she tries to file for unemployment at a later date and has not paid the money back her case will be denied.

*Edit* At this point an appeal on behalf of the company seems pretty pointless. Your daughter has complied with her part and has reported her changes in a timely manner. Unless the company feels that her unemployment was paid due to a fraudelent matter there's not much they can do. All you can do is provide proof that she lost her job justifiably and provide proof.

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