I was terminated March 6th but received paychecks through the end of March and my former employer is demanding repayments of 3 weeks. Unfortunately, I was denied state and Covid-19 unemployment and other assistance benefits greater than the overpayment which I can document. Can I offset my damages against my ex-employer’s claim? I do not have the money or the inclination to repay and I will never succeed in petitioning the state and federal government for those lost benefits. Thanks!!!

Ann Kiernan replies:

No, you cannot offset a debt that you owe to your former employer against a debt that the unemployment office owes you. You were overpaid and owe the three weeks pay to your former employer. Maybe they will agree to hold off on starting a collection suit against you until you get the unemployment benefits that you are owed.

You are not alone in experiencing trouble and delay in getting your benefits, since state unemployment systems around the country have been completely swamped, with more than 40 million claims filed since mid-March. You might try contacting your local state legislator for help in resolving your unemployment claim.

Good luck.

Posted 06-23-2020

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