Sabo, et al. v. Job Service

James Sabo and Fun-Co., Inc., appealed a judgment affirming a decision of Job Service North Dakota determining Sabo was overpaid unemployment benefits in the amount of $14,638 and requiring him to refund those previously paid benefits. Sabo was an officer, employee, and owner of all shares of stock in Fun-Co., Inc., which operated a bar and restaurant in Fargo. After a fire damaged the building which housed the bar and restaurant, Sabo filed a claim for unemployment benefits. Job Service mailed a reconsidered monetary determination informing Sabo he was entitled to $67 per week for 26 weeks because he failed to disclose that he had a one-fourth or greater ownership interest in Fun-Co., Inc. The reconsidered monetary determination informed Sabo that if he disagreed with the determination, he “must file an appeal no later than 11/21/2017.” Sabo did not appeal. On December 1, 2017, Job Service issued a notice of overpayment and informed Sabo he had twelve calendar days to appeal the overpayment amount. Then, Sabo appealed. Because Job Service’s decision was in accordance with the law and was supported by a preponderance of the evidence, the North Dakota Supreme Court affirmed the judgment. View "Sabo, et al. v. Job Service" on Justia Law