Minnesota Unemployment Overpayment

Unemployment Overpayment

An unemployment overpayment is a claim by the Minnesota unemployment office that suggests you were paid to much in unemployment benefits.

Luckily, there is an appeal process such that you can affirm you were paid correctly and or defend your eligibility.

Unemployment Overpayment serious?

Yes, an overpayment is serious and Applicants need to be diligent about the process related to an appeal.  This is true because an overpayment means you owe money back.  Whether the overpayment is $500 or $35,000, nobody deserves to be in a situation that requires them to pay back the money.

Also, an overpayment is more severe when there is fraud associated with the request.

Process for an Unemployment Overpayment?

Yes, there are specific laws that apply to a Minnesota Unemployment Overpayment.  As you can see under rule 268.105, an Applicant can appeal an overpayment.  Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.

Why Unemployment Overpayments happen?

For all practical purpose, an unemployment overpayment occurs when unemployment benefits are paid incorrectly.

It is the opinion of this law office that the unemployment office would rather hold applicants responsible versus their past employers.

Thus, if you are accused of an unemployment overpayment in Minnesota, seek help.

Unemployment Overpayment legal?

Minnesota and the unemployment office have a right to audit your unemployment account two years from ever date of payment.

In other words, the Minnesota unemployment office has rights that support their ability to audit your account.

How often do Unemployment Overpayments occur?

In the year 2012, the Minnesota unemployment office overpaid applicants more than thirty-five million dollars ( $35,000,000) in unemployment benefits.  Since the year 2009, an unemployment overpayment has become twice as likely to occur as it did in previous years.


For this reason, a person collecting unemployment benefits should anticipate being accused of an unemployment overpayment versus assume otherwise.

Difference between fraud and a non fraud Unemployment Overpayment?

An overpayment in Minnesota is classified under two categories: a nonfraud unemployment overpayment or a fraudulent unemployment overpayment.

The biggest different is an a fraudulent claim can affect your credit history, professional licensing, and the monetary penalties and interest are more significant than those imposed for a nonfraud unemployment overpayment

Although the process for a fraud and non fraud unemployment overpayment in Minnesota is the same, your rights are different and the burden of proof is different.

What should you do about an Unemployment Overpayment?

Yes, you have rights, but you need to act fast.  If too much time expires and you do not properly file an appeal, you will automatically waive your right to reduce or negate your unemployment overpayment.

Should you hire a lawyer for an Unemployment Overpayment?

Yes, you have the right to retain a lawyer if you were accused of an overpayment in Minnesota.  Thus, please consider contacting this law office for help.