Overpayment Forgiveness In North Carolina
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You may file a written appeal of an overpayment determination. You have 30 days from the date the overpayment determination is mailed to file an appeal. You may submit your appeal to the mailing address, fax or email address provided in the determination. An evidentiary hearing will be scheduled in your case.
You have the right to appeal an overpayment determination. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Overpayment (DE 1444). You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the appeal deadline.
However, chapter 95 of the North Carolina statute on withholding wages states that employers may recoup "an overpayment of wages to an employee as a result of a miscalculation or other bona fide error…" without advance authorization. Typically, this would be done through deductions from future wages.
Waiver requests should be filed after the appeal rights expire on the determination of overpayment. If an appeal was filed, your waiver request should be made after the decision becomes final. Waiver requests may be filed online or by fax to 919-857-1296. Recovery of fraud overpayments cannot be waived.
To be considered for a waiver, your overpayment must meet the following criteria: Classified as Non-Fraud Overpayment was caused through no fault of the claimant. All appeals to the decision that created the overpayment are completed or the time to appeal has expired.
However, chapter 95 of the North Carolina statute on withholding wages states that employers may recoup "an overpayment of wages to an employee as a result of a miscalculation or other bona fide error…" without advance authorization. Typically, this would be done through deductions from future wages.
