Now THAT is the right question.
Posted on 05/27/2024 9:15:11 AM PDT by know.your.why
I need to (unfortunately) learn about legal matters to defend myself in an unemployment case where I was fired at the end of 2020 in the peak of the Covid plandemic. Now three years later the DOL is claiming that I owe them their money back. I need to find the tools to research Department of Labor case law in the state of Alabama. I have gone to google and such but I wanted to ask here because I know that there are some very informed people on this site.
This is video which I have not watched due to bandwidth limitations:
https://www.facebook.com/watch/live/?ref=watch_permalink&v=1230066257563632
It probably was current at the time (I don’t know) it was posted.
you might look to see if there is anything helpful here
https://www.justia.com/employment/resources/
As mentioned above, Cornell has the best collection of free resources I’ve found.
Westlaw has a pay as you go option, but if you aren’t familiar with Westlaw searches, it can get expensive very quickly.
Try
https://www.alabar.org/news/young-lawyers-offer-free-covid-19-legal-assistance-to-alabamians/
they were active in 2020
My advice is to hire an attorney. Only a fool tries to represent himself to a state or a federal agency.
Now THAT is the right question.
EVERY state has different labor laws.
Not knowing the reason given for firing you, that is paramount to your argument.
IF they fired you for NOT TAKING THE CLOT SHOTS-—Some states have paid out unemployment , etc.
GOOD LUCK
It would be helpful for you to explain why the Alabama DOL is asking for money back from you. What is their reasoning for you being overpaid and owing money back?
Why were you terminated? Not the reason you think you were but the reason the employer gave you that you were.
Is the AL DOL asking for all the unemployment benefits paid to you to be paid back or just some?
Typically, when you file for unemployment (and my experience as both on the employer side and as a claimant but mostly in PA but applies to most other states I’ve worked with) the employer has a limited time to respond to a claim and to contest it.
Is your former employer contesting it after the fact, saying you quit or were terminated for a cause that would disqualify you from receiving benefits? If so, were you given the opportunity to contest, state your case and provide proof and a hearing if even only telephone hearing? If so, did you respond?
Did you file weekly unemployment claims and were you actively engaged in seeking work and can you provide proof of that? I.e. proof of sending applications such as online either through a job search engine like Monster or Indeed or via an employer’s website? FWIW, you will always get an email confirmation that you applied even if the employer doesn’t contact you for an interview, but it shows proof you applied. Here in PA you have to apply for and provide proof if asked that you applied for at least 2 jobs every week to continue receiving weekly benefits.
And here in PA, you also have to register with the PA work search website. Is there such a requirement in AL? And if so, did you do that and were you actively looking for work there?
Did you start working a new job or a gig job, or an under the table employment that might have somehow been reported or even a temporary and or a PT job that you received pay for but didn’t report?
Were you offered work and declined to accept it? And yes, even if offered a lower paying job or a job not well suited for you, as unfair as it sounds, refusing a legitimate job offer unless completely unreasonable, such as a job far away from where you live or not job you could perform do to physical limitations, etc., can result in termination of unemployment benefits and repayment of benefits from the time after the job offer was made.
During the period you were receiving unemployment benefits, were you also getting disability, SS or SSI payments that would reduce your unemployment benefits?
Did you receive a vacation payout or a severance payment when you were terminated that you did not claim when you initially filed for benefits? If so, unemployment can reduce your benefits and claim you were overpaid. When you filed your claim, your employer should have reported such payments also but sometimes there is a gap in catching up esp. if you didn’t self-report such payments.
So many unanswered questions. Probably the same questions an employment attorney would ask you. I’m asking these questions for free. You’re welcome and good luck. 😊
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