Overpayment of Unemployment Benefits
Overpayments can be caused by a number of factors, including simple Division error, failure to provide accurate facts about the separation, a reversal by an Appeals Referee or the Board of Review, or information being provided late by the employer that causes the Division to reverse or make changes to a determination.
The Employment Security Division will seek repayment of all overpayments, regardless of who is at fault, but overpayments can be appealed like any other issue.
Pursuant to NRS 612.365, the Division has discretion to waive the unemployment if:
- The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
- The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience.
Pursuant to NRS 612.445, Overpayments caused by misrepresentation require repayment and result in a period of disqualification of up to 52 weeks.