Collection of benefits paid when claimant later determined ineligible or awarded back pay
If someone gets unemployment benefits but later it turns out they were not supposed to get them, the state can take that money back. Also, if a worker gets unemployment money and then wins back pay from their employer for the same time period, they have to repay the unemployment benefits from that back pay. The employer is responsible for holding back that repayment amount and sending it to the state. If anyone tries to stop an employer from doing this, they can be charged three times the amount that was owed.
288.381. Collection of benefits paid when later determined ineligible or ed — violation, . — 1. The of 8 of section 288.070 , benefits paid to a claimant subsection 7 of section 288.070 to which the claimant was not entitled based on a subsequent , or decision which has become , shall be collectible by the as provided in subsections 12 and 13 of section 288.380.
2. to the contrary, when a claimant who has been separated from his receives benefits under this chapter and subsequently receives a pursuant to by a governmental agency, or as a result of , for a period of time during which no services were performed, the division shall establish an equal to the lesser of the amount of the back pay award or the benefits paid to the claimant which were attributable to the period covered by the back pay award. After the claimant has been provided an opportunity for a fair under the of section 288.190, the employer shall withhold from the employee's back pay award the amount of benefits so received and shall pay such amount to the division and separately such amount.
3. For the purposes of subsection 2 of this section, the division shall provide the employer with the amount of benefits paid to the claimant.
4. Any individual, company, association, , , bureau, agency or the or employee of the foregoing who interferes with, obstructs, or otherwise causes an employer to fail to comply with the provisions of subsection 2 of this section shall be for damages in the amount of three times the amount owed by the employer to the division. The division shall proceed to collect such damages under the provisions of sections 288.160 and 288.170.
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Source & history notes
(L. 1972 H.B. 1017, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456, A.L. 2016 H.B. 1530 merged with S.B. 702)
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