If an unemployment overpayment is repaid, will there still be any legal action that can be taken?
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If an unemployment overpayment is repaid, will there still be any legal action that can be taken?
I have a seasonal job and collect unemployment due to lack of work. I recently got another job and was under the assumption that I could still collect on my 2nd job considering I got a letter saying I was approved. I didn’t think I had to declare any wages except full-time wages at my seasonal job. I got a letter the other day saying that I failed to report wages. I am more than willing to pay anything back because I didn’t intentionally take anything that I didn’t think I was entitled to. If I agree to pay back what I was overpaid, will I be free of legal action?
Asked on November 6, 2010 under Employment Labor Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It often happens. The rules on unemployment are confusing and difficult to discern. But you do have to report all of the income you make when you are collecting unemployment. Generally the income amount is deducted from the amount you receive. Often you end up with not much of a check from unemployment. Even if it was an honest mistake it can still be actionable by unemployment. As for whether or not the action is mandatory, I do not know, and it is best to ask of an attorney in your area. But take it step by step. Respond to the letter and advise that you are more than willing to repay any amount that they deem an overpayment. If things start to get hairy then consult with an attorney. Good luck.
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