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SOMEONE GIVE ME SOME HELP ON THIS PLEASE*************:
I recently was on unemployment for one week and started a job. The job was more physical demanding than I thought and I had to quit the first day. I have a neck injury and am prescribed 5 painpills a day and it aggravted my neck and made my hand go numb. My employer (a temporary service) after asking them said they would not pay me for that day becasue I ask them not to. They said it would not be on a W-2 or send me a check. Since I have no proof of getting paid for the one day I worked and quit can UE find out? Question 2 if they did find out would I be ok since i quit a job i wasn't physically able to do?
First off, don't apply at temp agencies after only one week of unemployment.
Second, there's a good chance you'll be found out because even before your first check, the company is required to run you through the new hire data base.
Third, you might be ok, you might not, then again with the issues you've described, they just might find you not "able and available."
First off, don't apply at temp agencies after only one week of unemployment.
Second, there's a good chance you'll be found out because even before your first check, the company is required to run you through the new hire data base.
Third, you might be ok, you might not, then again with the issues you've described, they just might find you not "able and available."
I would not want to be in your shoes right now.
Just wanan make sure I understand:
1, You said before my first check but what if I never receive a check?
2. What do you mean exactly by "able and available" ? Does that mean I'll have to repay all this money back or go to jail if they know I am still filing each week? I'm still on the old claim and didn't file for the week I went in for the one day and didn't get paid. I did start filing again the week after I didn't have this job that didn't work out.
3. I'm curious about the new hire data system you talked about as well. I filled out tons of paperwork, w-2, tests ect.. before I evern started . So you mean they do more paperwork I don't know about the day I start work even though I didn't get any money for the day i went in? I'm confused. I dont know if I should call UE and tell them whats going on or press my luck and see what happens. I'm just curious if the possibilities are high I will be found out and if I am dubbed " not able or available" will I styill get funds or have to pay them back . I can get a doctor note I just have a feeling I could keep filing and them never find out but after what you said I don't know.
[quote=justin2007;24597386]Just wanan make sure I understand:
1, You said before my first check but what if I never receive a check?
As it was BEFORE your first check, not receiving a check doesn't matter.
2. What do you mean exactly by "able and available" ? Does that mean I'll have to repay all this money back or go to jail if they know I am still filing each week? I'm still on the old claim and didn't file for the week I went in for the one day and didn't get paid. I did start filing again the week after I didn't have this job that didn't work out.
Check in your UI benefits paperwork, they will define what they see as able and available for work.
3. I'm curious about the new hire data system you talked about as well. I filled out tons of paperwork, w-2, tests ect.. before I evern started .
The W-2 is the FEDERAL tax form. So, it is reported to the government.
So you mean they do more paperwork I don't know about the day I start work even though I didn't get any money for the day i went in?
It usually says on the form, "did you work or earn money, even if you were not paid". Also, them not paying you for the day was technically illegal and not paying you doesn't mean it magically didn't happen.
I'm confused. I dont know if I should call UE and tell them whats going on or press my luck and see what happens.
That could result in a fraud conviction, which would be bad.
I'm just curious if the possibilities are high I will be found out
Yes, they are.
and if I am dubbed " not able or available" will I styill get funds or have to pay them back .
No. YOu have to be able and available for work.
I can get a doctor note I just have a feeling I could keep filing and them never find out but after what you said I don't know.
When you file and answer that you did no work, that's fraud. As for the Dr. note, all; that will prove is that you are not able to work./QUOTE]
I agree with Chyvan. Really don't want to be in your shoes right now.
1, You said before my first check but what if I never receive a check?
As it was BEFORE your first check, not receiving a check doesn't matter.
2. What do you mean exactly by "able and available" ? Does that mean I'll have to repay all this money back or go to jail if they know I am still filing each week? I'm still on the old claim and didn't file for the week I went in for the one day and didn't get paid. I did start filing again the week after I didn't have this job that didn't work out.
Check in your UI benefits paperwork, they will define what they see as able and available for work.
3. I'm curious about the new hire data system you talked about as well. I filled out tons of paperwork, w-2, tests ect.. before I evern started .
The W-2 is the FEDERAL tax form. So, it is reported to the government.
So you mean they do more paperwork I don't know about the day I start work even though I didn't get any money for the day i went in?
It usually says on the form, "did you work or earn money, even if you were not paid". Also, them not paying you for the day was technically illegal and not paying you doesn't mean it magically didn't happen.
I'm confused. I dont know if I should call UE and tell them whats going on or press my luck and see what happens.
That could result in a fraud conviction, which would be bad.
I'm just curious if the possibilities are high I will be found out
Yes, they are.
and if I am dubbed " not able or available" will I styill get funds or have to pay them back .
No. YOu have to be able and available for work.
I can get a doctor note I just have a feeling I could keep filing and them never find out but after what you said I don't know.
When you file and answer that you did no work, that's fraud. As for the Dr. note, all; that will prove is that you are not able to work./QUOTE]
I agree with Chyvan. Really don't want to be in your shoes right now.
Thnaks for the help one last question:
I just called the temporary service and told them everything. I then callled a lady at UE and left her a message in detail explaining everything and saying if by me filing last sunday was wrong then not to pay me this week and if I am still eligible for benefits then to let me know what paperwork to fax them. This being said since i did file and haven't received funds yet since I quit and came clean i should be ok and not get in trouble right? I may or may not still be able to get benefits but if not I'm fine without having to go to jail or have a fraud conviction. This lead me to my last question. Since I did come clean so fast I shouldn't get a fraud conviction should I? I have not received any payment since I worked that one day but have filed and answered the questions false once since I know now I did and not at the time. Thanks for all your folks help and fast responses.
Just wanted to let everyone know I got back in touch with UE and something of the replies above are right and some are incorrect.:
1. If you leave a job on your own( voluntarily quit) but it's causing you physical pain you can still get UE. I 'm living proof and didn't even have to supply any documentation, they took my word on it.
2. It doesn't matter how much paperwork you fill out the only wany UE knows you work is by a W-2 and thats it ( that is word for word by the UE lady I talked to ). Since I didn't get paid for that day even though I worked she said it would never show in their system to keep filing my old claim like nothing never happen.
3. What did we learn: the dumbest thing you can do is keep filing UE if your receiving a check from someone you filled a W-2 out from. If you get a job and it's causing you physical problems and you ask not to get paid and your employer agree's then UE will not find out . They find out only if you get paid because besides the fact a living person can call and report you the only way they would find out is by the wages you earned on your W-2.
Hope this helps someone who might be or get in same pickle I was.
"The New Hire detection system is more effective and efficient than the Wage/UI
Benefit crossmatch system in identifying unemployment insurance (UI)
overpayments that occur when UI claimants fail to report earnings while
simultaneously working and claiming benefits. The use of New Hire detection
identifies overpayments earlier, reduces overpayment dollars, and increases the
chance of overpayment recovery.
We conducted a performance audit of the implementation of the New Hire
detection method, which is a recent addition to the Benefit Payment Control
(BPC) methodologies for detecting UI overpayments. Our objectives were to
determine: (1) if New Hire detection being used by 41 of 53 state UI programs is
proving to be more effective and efficient than the traditional Wage/UI Benefit
crossmatch, and (2) what obstacles are preventing 12 states from embracing this
detection method?"
Maybe you're in one of the 12 states not using the new hire database, but this PDF was from 2004, and I doubt there are any holdouts left. More likely you spoke to an uninformed UE rep giving out bad information like so many seem to do.
I agree with Chyvan. As MANY of us have learned (specifically take a look through threads about appeal and overpayments due to UI rep misinformation) taking the word of the first UI rep when they say what you WANT to hear can lead to tragedy.
"The New Hire detection system is more effective and efficient than the Wage/UI
[LEFT]Benefit crossmatch system in identifying unemployment insurance (UI)
overpayments that occur when UI claimants fail to report earnings while
simultaneously working and claiming benefits. The use of New Hire detection
identifies overpayments earlier, reduces overpayment dollars, and increases the
chance of overpayment recovery.
We conducted a performance audit of the implementation of the New Hire
detection method, which is a recent addition to the Benefit Payment Control
(BPC) methodologies for detecting UI overpayments. Our objectives were to
determine: (1) if New Hire detection being used by 41 of 53 state UI programs is
proving to be more effective and efficient than the traditional Wage/UI Benefit
crossmatch, and (2) what obstacles are preventing 12 states from embracing this
detection method?"
Maybe you're in one of the 12 states not using the new hire database, but this PDF was from 2004, and I doubt there are any holdouts left. More likely you spoke to an uninformed UE rep giving out bad information like so many seem to do.
I don't think your problems are over.[/LEFT]
I did receive a new/hire document in the mail and filled it out as receiving no wages as I didn't receive any. I see what you mean but with the new hire thing it is for people that received pay. I did not receive any pay. I also did not file the week that i went to work for the one day I did not receive pay. If I didn't get any money then there's nothing going to show except the fact that a place sent me a new/hire document and in my case they never paid me so techinically I never worked and there's nothing wrong. I also filled the new/hire document out the way my UE rep said to. She said to check the box I did not work for pay and to write in comments on the document I never worked for pay for the company and and I am not currently employed with the company. I mean I quit a job due to a medical condiiton and didnt file the week I worked one day. You can quit under that condition as long as your still physically able to accept other work. I don't see what I have to worry about really. I also have the UE worker's direct number and extension along with her name incase anything did come up but I don't see how I could be in the wrong in anyway. I mean how could i receive an overpayment if I never received any wages? Also the company stated to the UE rep that called them with me on the phone they never paid me so what would I have to worry about. If the place was ever called again they'd say the same thing ," Hey yes we know this guy but he never received any wages from us." Also I didn't turn down any work I quit becasue of a medical condition and the UE rep said thats acceptable as long as I'm still physically available for other work. If I'm missing something please respond but I can't see how I would have any problems in the future over this , technically I've done everything within the law and been %100 honest.
Last edited by justin2007; 06-12-2012 at 12:10 AM..
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