If I was awarded unemployment and then it was reversed with no new evidence given, is that legal?

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If I was awarded unemployment and then it was reversed with no new evidence given, is that legal?

Now I have appealed. Can they reverse a decision with no new evidence and should I have to pay back the benefits that I have received?

Asked on July 14, 2011 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no law preventing an agency--like the department of labor, unemployment office, etc.--from revisiting a prior determination and reversing it; and similarly, there is no law stating that to do this, they must come into possession of new or different information. So as long as the agency is making its determination properly, in accordance with the relevant rules, regulations, and standards, it may in fact reverse its decision even without no evidence coming to light.

And if it is the case that you were not entitled to unemployment compensation, then yes, you would in fact have to repay the benefits you've received. Given what is at stake, you may wish to retain an attorney, one with experience with employment or administrative matters, to help you. Good luck.


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