My employer that fired me wants to stop my benefits.

UPDATED: Oct 1, 2022

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My employer that fired me wants to stop my benefits.

I am a bookkeeper and made some mistakes at my previous job. I took
responsibility for them and apologized to all involved. One of those mistakes was I
didn’t take taxes out of paychecks for 2 pay periods. I corrected it took
responsibility and took the taxes out of the employees next couple of pay periods.
They fired me. I filed for unemployment. Now they want to stop my
unemployment benefits and have me pay them all back. BTW – I didn’t get the
backup information until 30 minutes ago and the hearing is tomorrow.

Asked on March 27, 2019 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the unemployment agency issues a decison adverse to (against) you and seeks to stop your benefits, you can appeal that decision--you can find the instructions for appeals on unemployment's website. To win the appeal, you'd have to prove (convince them) that the mistake was inadvertant (accidental) and not some deliberate violation of company policy or the law. Even when employees make a mistake and are fired for it, they should still be eligible for unemployment so long as they were not engaged in deliberate wrongdoing.

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