The United States Postal Service refused to give reasonable accommodations to a pregnant postal worker and fired her. After challenging her termination, the worker was reinstated and awarded back pay. During her period of unemployment she had received unemployment compensation. Because the employee received back pay, the DC Department of Employment Services issued the postal worker a notice of overpayment and demanded the return of $8,616 in unemployment compensation. The worker sought the assistance of the Claimant Advocacy Program in relation to whether she was liable to repay the unemployment compensation. The judge agreed with CAP and ruled that the claimant was not liable to repay DOES, as the law holds that it is the responsibility of the employer to withhold an amount equal to the benefits paid from the back pay award and if the employer fails to do so, DOES may collect the amount paid directly from the employer and not the claimant.
The Claimant Advocacy Program (CAP) is a free legal counseling service available to individuals who file unemployment compensation appeals in the District of Columbia. Call 202-974-8150 for more info.