Fraudulent claim (file, receive, apply, payment)

[Vnrobustelli]

Can't find anything on the topic....

Friday I received a letter from the unemployment office stating that I have filed a fraudulent claim, and that I was not laid off due to lack of work, but instead discharged. This is not the case. I have been drawing unemployment now for 5 months. I know from working with my previous employer that when an initial claim is filed, the employer receives a notice and what they say determines your eligibility....

I was found eligible.

Why now is this occurring? Could it be a clerical error? The letter is basically accusing me of fraud, which is scary in itself. I assume also that I will not get my unemployment during this pending state. Is that correct? Has anyone experienced this?

I know that I need to fill the letter out and return it, but this all just seems to be ridiculous. I don't know if I need to visit my previous employer and ask them what's going on! In frantic mode. My husband works but does not make enough to cover the bills as I am the "bread winner" of the household.

Any suggestions/advice would be much appreciated!!!

Victoria

[thebunny]

I had a similar situation in CA, so not sure if it applies to you but this is what happened to me. (My experience of reopening a claim after taking a 6 month temp job is really the things EDD horror stories are made of) I filed a claim and told EDD that I was laid off. Somehow EDD was told by the employer that I quit. I think the person was trying to be helpful by stating a reason that was by my choosing, but as this happened AFTER my phone interview, I received a call back from the person who did my initial interview telling me that after speaking with the employer there were discrepancies. I was told I would be given a chance to refute or explain the company stating that I quit and that if I was not able to, my claim would be found to be fraudulent and that there would be penalties. I was also informed that any money I had been paid to date would have to be paid back if the claim was found to be fraudulent (unfortunately, I am guessing this would apply to you) and that my claim ws on hold pending the investigation. I was also told that if the determination was that the claim was not fraudulent I would be paid and money claimed but not paid, and was instructed to keep sending in the claim forms. I told the interviewer that I had my termination paperwork, signed by the immediate supervisor and corporate HR that showed I was being laid off due to lack of work. She gave me a fax number to send that paperwork to her and it solved the issue.

Do you have any proof, preferrably termination paperwork, from the company that shows your reason for leaving? If so, this was what solved the issue for me.

[Vnrobustelli]

I don't have any paperwork. It's a small company in the construction field, and they don't really issue paperwork upon ending the employment other than your final check. I was laid off in January 2011 due to lack of work - my boss committed suicide and the company hired me back because the business was in such a state of disarray. I was never told I was "fired". There was a couple guys who were actually terminated and my boss at the time gave them a termination paper, but I only saw that one time. And the case was true, I did not have work. I could go two or three weeks with out doing anything. My presence there was a waste for the company toward the end. The new book keeper absorbed most of my work. Does that make sense?

[thebunny]

It does make sense.

What did they tell you when they gave you the final check? And any idea why they are telling EDD that you quit?

Also, I think it would be worth mentioning that no one was hired to take your place. That could help you prove that your position was absorbed and that there was no longer any work for you to complete. Easier to show a lack of work when the company doesn't hire a replacement for your position.

[Vnrobustelli]

Well, now the unemployment office is stating that they overlooked the notice that I was discharged from the very beginning. That their fault caused me to show eligible from day one, when I shouldn't have been. The fact remains that I was not laid off, and if this ends up where I can no longer file - I should not be liable to pay it back.

When I received my final payment in the bank, nothing was said. I got a letter in the mail Friday stating that after five months, my previous employer was contesting the payments. I'm so confused! I would thing they would have contested the payments months ago!

[Ariadne22]

OMG - we've got a zillion reports on this board of the "he said/she said" on layoff vs. discharge. Furthermore, you need to have been discharged for "cause."

Is your employer now saying you stole? Short of theft or a serious infraction of the rules - which they need to substantiate - your state will grant unemployment benefits.

DO NOT ROLL OVER and give up on this. Your former employer (now defunct) is playing games in order to save money. This is so routine, it is laughable.

Appeal the finding and proceed through the UE appellate channels in Arkansas.

God - these fraudulent and untruthful intimidation tactics used by employers run rampant, everywhere, these days, it seems.

Yes, employers contest benefits long after the fact. They count on you backing off like the obedient, servile former employee they hope you are.

Don't do it. Appeal and keep appealing. Appeals are won every day of the week, many times. But the key is persistence.

Don't give up - especially when you are right.

[Ariadne22]

Here is just one thread on a successful appeal:

Can I win my appeal? NY

There are tons more on this board.

[Vnrobustelli]

Thank you! Been reading thru them. Feels so helpless, as I live paycheck to paycheck like most people. They almost make you feel like you should just give up. But I know I'm not at fault. Is there any laws stating that upon termination of an employee, a third party should be available?

[thebunny]

Originally Posted by Vnrobustelli

Well, now the unemployment office is stating that they overlooked the notice that I was discharged from the very beginning. That their fault caused me to show eligible from day one, when I shouldn't have been. The fact remains that I was not laid off, and if this ends up where I can no longer file - I should not be liable to pay it back.

When I received my final payment in the bank, nothing was said. I got a letter in the mail Friday stating that after five months, my previous employer was contesting the payments. I'm so confused! I would thing they would have contested the payments months ago!

Ariadne22 is correct. Fight, fight, fight. You should be able to prevail in proving that you believed you were laid off (I know you actually were) but the point I am making is that you should be able to convince EDD through the circumstances you believed you were laid off. That clears up the issue of fraud, as even if the EDD finds that you were discharged, you told the truth when you told them you were laid off as it was what you believed.

As for benefits when discharged, Ariadne22 is also right there. They would have to prove Gross Misconduct and without that you will be found eligible for benefits even if you were discharged.

[thebunny]

Originally Posted by Vnrobustelli

Thank you! Been reading thru them. Feels so helpless, as I live paycheck to paycheck like most people. They almost make you feel like you should just give up. But I know I'm not at fault. Is there any laws stating that upon termination of an employee, a third party should be available?

No. There is no law stating that there needs to be a witness to any termination. Many companies have witnesses to make sure there is someone there who is not involved in the direct situation, but that is usually in case the employee claims something was said during the termination. I am guessing there was no one else present?