What Happens If You Receive An Overpayment of Unemployment Benefits?

If you are eligible to receive unemployment benefits, the state will calculate your benefits based on a variety of factors. It is of critical importance to accurately report your income. In some cases, you may receive an overpayment from the state.

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. Call The Law Office of Michael J. Joshi to learn more about the consequences and to discuss your legal options.

The Consequences Of Benefit Overpayment

In many cases, benefit overpayments result from a worker/claimant underreporting or failing to report new income. 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. If you receive an overpayment of unemployment benefits, an unemployment law attorney can advise you of potential consequences.

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. 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.

Call My Law Firm To Discuss Your Legal Options

I am Michael. J. Joshi, a qualified Missouri and Kansas unemployment law attorney. At  The Law Office of Michael J. Joshi, I can review your case and help you understand your legal options. Call 913-428-0199 or send me an email to set up an initial consultation.