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Old 12-20-2010, 01:31 PM
 
4 posts, read 16,538 times
Reputation: 11

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My wife and I moved out of the state of Nevada in July of 2010. I was offered a really good job in Texas. She obviously had to quit her job to move with me. Back in Oct. after she still wasn't able to find work I convinced her to try and file for unemployment based on the fact that she quit her job to move with her spouse out of state. She applied, had to show a bit of proof that I was actually offered a job in Texas. We had to fax my offer letter and marriage certificate to Nevada. No big deal. She was approved and she began receiving her benefits. Just last week she gets an appeals notice from a court stating that there will be a hearing on Jan. 4th of 2011. With is notice that came in the mail was all the documents we faxed them, my offer letter, etc.., her termination notice she gave to her employer, and her letter of resignation. She called the unemployment office and they acted like they couldn't tell her anything, just that a "referee" would call her on Jan. 4th.

It seems to me that her ex-employer is disputing the fact that she is receiving unemployment benefits. In her mailing she got, it states all the facts that she left for good cause due to her spouse accepting a better job out of state. All this, but the state already approved her. Could the state side with the employer and stop her benefits? If, so fine... But there is no way they would expect us to pay back what she has already received is there? We already went through an appeals process and the state approved it

If anyone could shed more light on what is going on we would greatly appreciate it. If you need information let me know and I will try to get you some details

Thanks
larryj2112
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Old 12-20-2010, 01:58 PM
 
16,303 posts, read 14,283,014 times
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If it's a state law as part of unemployment, that you may move with your spouse ( and collect ) then I imagine they can try to deny it, but if you have the proof, I would think their decision would be reversed and in your favor
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Old 12-20-2010, 03:45 PM
 
Location: Wisconsin
23,448 posts, read 49,964,993 times
Reputation: 18108
I think she's still collecting, but this employer is continuing to appeal.

Actually, the employer needs to fight the state unemployment laws, not this claimant. If Nevada allows benefits when a spouse is relocated, tuff. Lots of states do. Employer shouldn't be doing business in that state if he doesn't like its laws.

I don't think you have problem at all. However, if by some remote chance the state ignores its trailing spouse law, then, yes, unless you are protected by state law, you could be asked to repay what was paid. It's called a no-fault forfeiture, I believe. In WI, if the employer wins the appeal after benefits have been paid, claimant has to repay benefits. I knew one person who filed bankruptcy because of it - had no job and couldn't pay it back. At that time he was able to discharge this obligation in bankruptcy. Don't know if it is feasible anymore.

Last edited by Ariadne22; 12-20-2010 at 03:55 PM..
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Old 12-20-2010, 04:49 PM
 
141 posts, read 340,240 times
Reputation: 71
Quote:
Originally Posted by Ariadne22 View Post
I think she's still collecting, but this employer is continuing to appeal.

Actually, the employer needs to fight the state unemployment laws, not this claimant. If Nevada allows benefits when a spouse is relocated, tuff. Lots of states do. Employer shouldn't be doing business in that state if he doesn't like its laws.

I don't think you have problem at all. However, if by some remote chance the state ignores its trailing spouse law, then, yes, unless you are protected by state law, you could be asked to repay what was paid. It's called a no-fault forfeiture, I believe. In WI, if the employer wins the appeal after benefits have been paid, claimant has to repay benefits. I knew one person who filed bankruptcy because of it - had no job and couldn't pay it back. At that time he was able to discharge this obligation in bankruptcy. Don't know if it is feasible anymore.
My wife's employer appealed, although he never disputed the claim when it was first filed, and won the appeal. I still wonder why he won but that's another story. My wife's benefits were interrupted but we never repaid the benefits she received prior to the appeal. Repaying them would have put us in financial hardship and since she received her benefits through no-fault of her own, the restitution was waived.
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Old 12-20-2010, 05:09 PM
 
Location: Wisconsin
23,448 posts, read 49,964,993 times
Reputation: 18108
NJ allowed employers to appeal as long as a year after benefits had been granted and, up until passage of a new law about a month ago, claimant had to repay if employer won the appeal. Now claimant does not have to repay anything received prior to the reversal.

See posts #17-19 here:

//www.city-data.com/forum/unemp...less-ui-2.html
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