What If Your Employer Lied at an Unemployment Hearing

employer lied at an unemployment hearingIf an employer lied at an unemployment hearing, there are three types of penalties:

  • Administrative penalties,
  • Notification penalties, and
  • Criminal penalties.

What to do if your employer told a lie?

There are two types of scenarios.  If your employer lied and you lost your case, an applicant can file a request for reconsideration.

However, if a person is fearful of their employer telling a lie at an upcoming hearing, the best approach is to review why the issue might be discussed and be prepared to show why the lie is not true.  For example, make a legal objection or utilize a subpoena.

Administrative penalties if an employer lied at an unemployment hearing

Admin penalties after an employer lied at an unemployment hearing are supported by rule 268.184.

The penalty under this rule will be the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.  If a worker did not receive unemployment benefits because an employer lied at an unemployment hearing, an administrative penalty could be $9,000.

On the other hand, penalties could be even higher based on the status of the Workforce Development Fun.

Notification penalties if an employer lied at an unemployment hearing

Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.

Penalties under this rule could be even more significant.  According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.

Criminal penalties if an employer lied at an unemployment hearingunemployment penalty

Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.

Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500.  If the underpayment is more than $500, then that person is guilty of a felony.

Need more help?

Please contact this law office if you need help.

 

 

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