I did a telephone unemployment appeals case on May2, 2006, and just received the Decision. I don't know if I lost or won!


So now what? Am I required to pay back UI benefits? If so, counsel would be required, correct? I am still awaiting the outcome of arbitration with trying to secure my employment once again with this company.


If I am required to pay back unemployment benefits (Approx. $9400), when will this be needed to be repaid? I filed Chapter 13 BK protection on April 19, 2006, and I meet with the trustee on June 1, 2006.

Would this need to be included into the Chapter 13 Bankruptcy? If so, doesn't this HAVE to be included before I attend the "Meeting of Creditors" with the Bankruptcy Trustee?

Thank you,
bubbadirect

Okay, well I testified by telephone on May 2, 2006 and just received the Decision. I don't know if I lost or won!

This are the main parts that I need help in deciphering...

"This is an appeal by employer from Notice of Denial of Request for Redetermination or Reconsideration, dated March 14, 2006, which stated: A request for redetermination of the above claim was received on 10-21-05. The determination involved was mailed or personally served on 8-16-05. The reuqest for redetermination is, therefore, denied."

The appeal was filed on March 31, 2006, and came on for hearing before this Administrative Law Judge, on May 2, 2006...

D E C I S I O N___

Since employer was not untimely in its protest of the determination of 8-16-05, the Notice of Denial, dated 3-14-06, is a considered a redetermination, affirming the determination of 8-16-05.
Since claimant was guilty of misconduct connected with his work, he is disqualified for week ending July 23, 2005 (week #29). No benefits are payable until he obtains subsequent employment, earns at least 17 times his benefit rate, and is separated from said subsequent employment under non-disqualifying circumstances.
Any restitution due, as resulty of this decision, is matter for further Agency determination, and employer is entitled to credit for same.
The redetermination of March 14, 2006 is hereby reversed.




So now what? Am I required to pay back UI benefits? If so, counsel would be required, correct? I am still awaiting the outcome of arbitration with trying to secure my employment once again with this company.



If I am required to pay back unemployment benefits (Approx. $9400), when will this be needed to be repaid? I filed Chapter 13 BK protection on April 19, 2006, and I meet with the trustee on June 1, 2006.

Would this need to be included into the Chapter 13 Bankruptcy? If so, doesn't this HAVE to be included before I attend the "Meeting of Creditors" with the Bankruptcy Trustee?

Thank you,
bubbadirect

riley-thank you for your posting. So I lost, huh? Well, here is another question for you. When will the DOL mail the "Notice of overpayment" if they would indeed mail this out to me? Would I receive this notice shortly?

I guess that my question stems to the point that "If I want to protest this decision", then I have to do it within 30 days, I believe.

I didn't engage in fraud, and I don't think that I lied to the DOL. When asked what happened to my job, I told them that I was fired...and I was fired. The company that fired me is fighting the Unemployment Benefits paid to me last year with the MISCONDUCT wording. I take it to mean that I was not justly qualified to receive Unemployment Benefits now because of MISCONDUCT (even though I was fired)

Also, the Administrative Law Judge said in his mailing to me that I was found in possession of company property, that I stole company property, and that company property was missing. I was found with company property (not on my person, but in my luggage), there were no eye-witnesses to testify that I stole company property, and nowhere back then and even now, has there been record that company property was discovered missing.

Thanks again

Thanks again riley - I am not trying to ask too many questions, hopefully... :D :D :D

It is just with the filing of the BK 13, and then this unemployment appeal happening, I don't want to be put out to the doghouse (I get myself in the doghouse enough with the Mrs.)

I did not receive *ANY* overpayment paperwork with the Notice of Decision. I will call the BK attorney this week to inquiry about his advice.

Thanks again!

In the state I live in, you can only receive benefits with termnation if the termination was not by any fault of your own. And if you are at fault, there is something like a 10 week penalty where you cannot receive UI benefits.

The UI decision says if you are required to repay, there will be further determination. I suggest talking with your bankruptcy attorney to find out if there is a way to make sure there will not be anything, so the atty can figure out if this needs to be included in the bankruptcy. It can be amended later, but would be better to get it in if it needs to be there.

The UI decision says if you are required to repay, there will be further determination. I suggest talking with your bankruptcy attorney to find out if there is a way to make sure there will not be anything, so the atty can figure out if this needs to be included in the bankruptcy. It can be amended later, but would be better to get it in if it needs to be there.

I sent the email to the BK attorney today. DO you think that I need to seek counsel from a labor law/employment law attorney?

Thanks,
bubbadirect

ELKLAW-RILEYC and others,

Okay, I spoke to my Bk attorney today, May 19th, earlier in the morning. He said that I can "ammend" my filing up to 4-6 months after the "meeting of creditors" to be able to include this my chapter 13 filing. I still haven't received a redetermination letter outlining any restitution.

Update, as it is now 1:20pm and I just received the Notice of (RE)Determination...(Restitution - Appellate of Decision) I now can file an appeal (request a redetermination) or file this within the BK filing.

After talking with my BK lawyer, he said that I do *NOT* need to contact a labor law/employment law attorney, and that I can include this over $8,000 payment in the Bankruptcy filing.

I do disagree with the redetermination, as the administrative law judge said things in the ruling that were not even brought up in the hearing.

Do I just amend this with the BK attorney and consider this "completed?" Or do I still need to contact a labor law/employment law attorney? Should I appeal this decision or "let it go?"