Recent Answers to Employee Benefits Agreement Law Questions

In 2020 during covid my business was forced to shut down. I was also working, I had a job and I owned an event planning business. before filing for UI I called in to ensure I was able to file for the PUA for my business. I was told by the representative yes I can. in her words she said "anyone can apply for the PUA" she did not explained to me that I cannot apply if I had another job, or what the conditions were, as I have never filed for or been on unemployment in my life until covid happened. In september 2022 I received a letter stating that I was overpaid benefits in the amount of $62000. I filed for a weaver which I was not qualified for, then I appealed and the judge ordered a recalculation and that amount went from $62K to $58K. I cannot pay this money and I need help in fighting that this was not my fault. My taxes will be garnished every year until this is paid off. I am hoping someone out there can be of assistance to me, I really need it.

Donya G.

Answered Apr 4, 2023

Hello, I am sorry for the mix up. I worked with a client last year with similar circumstances. She was overpaid as well. We had a hearing and it was determined, since she had never filed before and English is not her first language that she had not done it intentionally so that fine on the payment was removed. That being said, if you were overpaid, you will need to repay the amount. She signed up on a payment plan. I suggest you do the same. If you need to engage my services to assist you, you can find me on Contracts Counsel website or my personal page Regards Donya Gordon

I got sick and ended up missing a day of work. I went to the doctor and was prescribed meds and told to take meds and rest the next 2 days. I provided an excuse at work. When I got my pay stub, I see the manager forced 24 hours of PTO for the days I was out. Mind you, our hours of operation are 8am-5pm M-F, but I’m here every day at 6:30am and work until 8, 9 or 10:00pm some days. Please advise. Thank you for your time!

Howard B.

Answered Nov 15, 2022

The rules for the salary basis of pay is governed by a federal law called the Fair Labor Standards Act. It allow an employer to deduct an entire day's pay if an entire day of work is missed. If any part of such a day was worked at all, then a full day's pay is required by law. HOWEVER, there is an exception under which partial day deductions for partial day absences is allowed if an only if the absence is for Family and Medical Leave Act leave. I'm not licensed to practice law in Texas: if there is any peculiar spin on it through state law, perhaps a Texas attorney will chime in. It is ordinary for an employer to substitute PTO for salary pay when a whole day is missed.