Frequently Asked Questions (FAQs)
Before you apply for unemployment insurance benefits
Applying for benefits, eligibility requirements and more . . .
Once you have applied for benefits
Remaining eligible, Tel-A-Claim, payment information and more . . .
The Appeals process
What to do if you have been denied benefits or disagree with a decision
Overpayments and Fraud
What to do if you have an overpayment, fraud information
Overpayments and Fraud
What to do if you have an overpayment, fraud information
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What happens if I am overpaid?
Idaho Commerce and of Labor discovers improper payments in a number of ways, including notification from employers when new employees are hired. If we find that you were paid benefits for any week that you were employed and did not report wages or reported wages incorrectly, we must investigate.
All claims are subject to random audits. If your claim is picked for such an audit, an auditor will contact you to go over your claim. The auditor also will contact former employers to verify payroll records and the reason you became unemployed. We want to make certain that only eligible claimants receive benefits and that each claimant is paid the proper amount.
If you receive benefits to which you are not entitled, you must repay the benefits. When an overpayment is found, we issue a notice telling you why you are overpaid, and the amount. If you believe the notice is incorrect, you have the right to appeal.
You can repay an overpayment in a lump sum, or you can request a payment plan. If you are claiming benefits, the overpayment will be withheld from your benefits before any checks can be issued unless your overpayments is due to fraud. If your overpayment is due to fraud, you must repay the overpayment amount plus a peanlty.
It is to your advantage to repay overpayments as soon as possible. Otherwise, we will recover the amount due from your benefit checks the next time you become unemployed and file a claim (unless the overpayment is due to fraud as mentioned above). This means you will be without benefits when you need them. Idaho State tax refunds are routinely seized as a method of collecting overpayments.
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Can I ask for the overpayment to be waived?
Yes, during the 14-day protest period you can ask for your overpayment to be waived. The criteria for receiving a waiver are as follows:
You must meet both criteria in example A OR both criteria in example B in order to receive a waiver of the overpayment.
- The overpayment must have been caused solely by Department error or inadvertence AND made to a claimant who had no way of knowing that s/he was receiving benefits to which s/he was not entitled.
OR
- The overpayment was a result of an employer misreporting wages earned in a claimant's base period10 AND the claimant could not reasonably have been expected to recognize an error in the wages reported.
Should a decision be issued finding that you have made a false statement on your claim, you are not eligible to have the overpayment waived.
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Where do I send the payment on my overpayment?
Send all payments to Benefit Payment Control, 317 W Main, Boise ID 83735-0730.
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What are the penalties for fraud?
You will be subject to a 52-week disqualification period, a possible felony conviction, penalties and repayment of all benefits received illegally if you do any of the following:
- Make false statements or withhold information while being interviewed regarding your claim.
- Knowingly make a false statement on any of the forms you fill out in relation to your claim, such as misstating the reason for separation from your employer.
- Fail to properly report your weekly earnings on your Tel-A-Claim or your Continue Claim Report form.
- If you quit or are discharged from work or refuse work and you fail to notify the Idaho Department of Labor.
You must repay the overpayment amount plus penalties. The penalty amounts are as follows:
- 1st offense: 25% of the overpayment amount;
- 2nd offense: 50% of the overpayment amount;
- 3rd (or more) offense: 100% of the overpayment amount.
Audits are routinely conducted to verify the information you provide the Idaho Department of Labor while filing for unemployment insurance benefits.
It is important that you promptly respond to these audit requests. Failure to do so, or failure to explain adequately any discrepancies noted, could result in an overpayment requiring repayment, disqualification from receiving unemployment benefits for up to one year and criminal prosecution.
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Who do I contact to report someone who is filing fraudulent unemployment insurance claims against Idaho?
You may contact one of the Unemployment Insurance Claims Investigators at the following addresses:
North Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
105 North 8th, St. Maries, ID 83861-1845
(208) 245-2518
North Central Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
1158 Idaho Street, P. O. Box 1147, Lewiston, ID 83501-1147
Southwest Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
317 W. Main St., Boise Id 83735
(208) 334-6292 or (208) 334-6308
Southwest Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
501 N. 16th St., Suite 107, P. O. Box 179, Payette, ID 83661-0179
(208) 642-9361
South Central Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
127 W. 5th Street N., Burley, ID 83318
(208) 678-5518 Southeast Idaho
Unemployment Insurance Claims Investigator
Idaho Department of Labor
430 N. 5th Ave., P. O. Box 4087, Pocatello, Id 83205-4087
(208) 236-6533 or (208) 236-6536 or (208) 236-6534
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