What Happens If I Am Overpaid?

What Happens if You Receive an Overpayment of Unemployment Benefits?

If you receive an overpayment of unemployment benefits, a Kansas City unemployment law attorney can advise you of potential consequences.

A Kansas City Unemployment Law Attorney Discusses How Unemployment Benefits Are Calculated

If you are eligible to receive unemployment benefits, the state will calculate your benefits based on a variety of factors. As your Kansas City unemployment law attorney can explain, of critical importance is accurate reporting of your income. In some cases, you may receive an overpayment from the state. If that happens, you need to understand the consequences.

A Kansas City Unemployment Law Lawyer Discusses the Consequences of Benefit Overpayment

In many cases, benefit overpayments result from a worker/claimant underreporting or failing to report new income. As a Kansas City unemployment law lawyer can explain, these overpayments are generally caught by audits performed by the state matching new hire data with a claimant's quarterly wage reports. Employers will review their data very carefully since an overpayment may increase their tax rate. Your Kansas City unemployment law attorney is aware that most overpayments result from an oversight on the part of the claimant. The claimant (you) is responsible for returning the overpayment. If you receive back pay, your employer is responsible for withholding the overpayment amount.

A Kansas City Unemployment Law Attorney Explains the Penalties for Fraud

While most overpayment situations result from an honest mistake or oversight on the part of the claimant, if the state suspects fraud, the penalties can be severe. As a Kansas City unemployment law lawyer can advise, defrauding the state of unemployment benefits can result in cancellation of benefits. In serious cases, the state may prosecute the claimant who can then face stiff penalties as well as jail time. Discuss the matter with your attorney if you've been accused of fraud in an unemployment benefit overpayment case.

A qualified Kansas City unemployment law attorney at the Law Office of Michael J. Joshi can review your case and help you understand your legal options. Call 913-428-0199 to set up an initial consultation.

Don't attend your unemployment hearing without proper legal representation. Contact me for the help you need.