12-27-2010, 03:03 PM
I have been on unemployment for the past 6 months one of my employers submitted the wrong information and overpaid me. After receiving my first unemployment check i realized that the amount i was receiving was quite high for what i was making at my job. I called the unemployment office to make sure this was the correct amount or if i was issued that amount in error. I was told the amount was correct and there was nothing to worry about. Well now 6 months later i am being told that i was overpaid by $7,200. Now all of my tier1 benefits are being garnished. I never received anything in the mail saying that i was over paid or that i owed any money until about a month of them taking my money. On the request for refund paper it says in accordance with N.J.S.A. 43:21-16d i have to pay. What does N.J.S.A. 43:21-16d mean and where can i find that? And what should i do this was entirely the employers fault for submitting in wrong information should i be held liable? Other than appealing what can i do? And will this appeal work in my favor?
12-27-2010, 05:58 PM
The statute was easy to find doing a google search.
N.J.S.A. 43:21-16d(1) states:
When it is determined . . . that any person, whether (i) by reason of the nondisclosure or misrepresentation by him or by another of a material fact (whether or not such nondisclosure or misrepresentation was known or fraudulent), or (ii) for any other reason, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in his case, or while he was disqualified from receiving benefits, or while otherwise not entitled to receive such sum as benefits, such person, unless the director (with the concurrence of the controller) directs otherwise by regulation, shall be liable to repay those benefits in full.
[(Statutory citations omitted.)]
The statute "requires repayment of unemployment benefits received by an individual who, for any reason, regardless of good faith, was not entitled to those benefits." Bannan v. Bd. of Review, 299 N.J.Super. 671, 674 (App. Div. 1997); Fischer v. Bd. of Review, 123 N.J.Super. 263, 266 (App. Div. 1973). Cassidy was properly held liable for repayment.
You are responsible for paying back the overpayment is what it is saying. You can certainly try an appeal.
12-27-2010, 06:05 PM
If UI benefits are your only income right now, you may be able to request a waiver, which will delay the repayment until you are employed. I would check into that.
12-27-2010, 06:20 PM
that is so wrong how can they hold me responsible when it was an error done by someone else... all the information they asked me to provide i did and correctly someone else screws up on their end and i have to pay? it should be their fault and their loss. being on unemployment is costing me more money than what they are giving me. :mad:
Because the law does not grant you the right to profit from someone else's mistake.
What if the employer had not made that mistake? You never would have had that money.
12-27-2010, 06:34 PM
Here's an interesting article from 5-2010 re "proposed" legislation to help
laid off workers NJ.
From article: Lastly, the bill would grant laid-off workers a waiver from repaying any overpayment in benefits that was found to be of no fault of their own.
12-28-2010, 10:39 AM
Great. So if this passes, NJ state workers and bureaucracies can keep on making mistakes, overpaying people, and the people will just be able to keep the money, and the State can't recover it?
Love to see what happens when that bill crosses Gov. Christie's desk!
OP, if you believe that someone else's mistake, that was not your fault, that resulted in your getting money you're not entitled to, should mean that you can keep the money,
look at it from another point of view:
What if your bank accidentally deposits your paycheck or UI check into another bank customer's account? You are out that money, and the other customer got it by the bank's mistake. Should she now have the right to keep it? She didn't do anything wrong, and it was not her fault, right? So she should be able to keep your money, right?