If I’ve have been receiving unemployment benefits but my former employer has appealed, will I have to pay back the wages I have received?

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If I’ve have been receiving unemployment benefits but my former employer has appealed, will I have to pay back the wages I have received?

If they win the appeal must I pay back the wages that I have already received?

Asked on March 16, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If on appeal, it is determined that you were not entitled to the benefits (for example, that you had quit or resigned--a voluntary separation from work--or that you had been fired for cause), then yes, it is likely you will have to repay all unemployment benefits which you received. If they appeal and win, you could potentially appeal their appeal, even bringing the matter to court via a lawsuit, if necessary.


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