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Laid off and employer behind in paying me North Carolina

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  • #16
    Lori, I think the poster is talking about collecting UI for a week for which he has received no pay, but did work. (This may or may not actually happen.) IF he received UI for a week for which he worked, but received no pay, AND IF he was subsequently paid for the week by the employer, he MIGHT be required to repay the UI benefits. I can't say that he would, but I can't say that he wouldn't, either.

    Likewise, I can't say that he would be approved for UI for a week that he actually worked, but was not paid for, either.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Originally posted by GRinNC View Post
      Because UI isn't really responsible for paying back wages. The employer is. So if I eventually get paid, then I have to repay UI; or instead of paying me, the employer would have to reimburse UI for fronting me the money. The UI money for back pay is essentially a loan.

      In my experience, once you start collecting UI, the employer is pretty much out of the picture. So, if you get paid by your employer, UI will expect you to repay the state since you were the one overpaid. They are generally not set up to have employers pay them for your overpayment.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #18
        Originally posted by Morgana View Post
        In my experience, once you start collecting UI, the employer is pretty much out of the picture... They are generally not set up to have employers pay them for your overpayment.
        Back pay is a special case in North Carolina:

        "The employer is required by law to deduct the amount of the overpayment from the back pay award and forward those monies to the Commission to resolve the overpayment."

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        • #19
          Ok, thats new for me.
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson

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          • #20
            Originally posted by Morgana View Post
            Ok, thats new for me.
            Me, too. See, even old dogs.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #21
              Aha! The lightbulb went on... I thought he was claiming from his last day worked then was going to receive checks for back pay owed during weeks he wasn't claiming UI. That makes more sense.

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              • #22
                Now I just need to contact someone at NCESC who knows HOW to do this. It doesn't seem to be covered in the automated claims forms and the only responses I've received from inquiries are describing processes already detailed on the website.

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