Arbeitsamt thinks I was employed when I wasn't

[ExPattheDog 27]

Hey, yet another question about how to refute false claims...

 

The arbeistamt is claiming back 3,5k because they incorrectly believe I was employed from August & September in 2018, when in reality I was only employed as of October. I have written dozens of letters and still they don't recognise it. Anyone have any idea how I can convince them review their records to correct the error? Writing letters explaining the situation doesn't seem to be helping

 

Thank you

[dessa_dangerous 13,289]

Employed or freelance?

 

What is your situation now?  Are you still employed or freelancing with the same companies?

 

In my case, failing to file that I hadn't done any freelancing during a time I was employed but had a freelancing tax number caused them to do this paperwork for me and "assume" an amount of money which I had never made freelancing in my wildest dreams.  In that case, I sent them the paperwork (and yes, I sent them the same tax forms multiple times) and eventually they only let off after I went to the Finanzamt and officially surrendered my tax ID.

 

You mention sending letters, and, sorry if this sounds like a stupid question, but did you send them all of your end-of-year tax info for that year from all your employers and/or clients?

 

I've had them respond to letters explaining how they got the situation wrong, which were always met with demands for more paperwork, which I often wound up sending them in triplicate, four-plicate, before the issue was finally rectified.  The letters on their own have never been enough in my case.

[ExPattheDog 27]

4 hours ago, dessa_dangerous said:

Employed or freelance?

 

What is your situation now?  Are you still employed or freelancing with the same companies?

 

In my case, failing to file that I hadn't done any freelancing during a time I was employed but had a freelancing tax number caused them to do this paperwork for me and "assume" an amount of money which I had never made freelancing in my wildest dreams.  In that case, I sent them the paperwork (and yes, I sent them the same tax forms multiple times) and eventually they only let off after I went to the Finanzamt and officially surrendered my tax ID.

 

You mention sending letters, and, sorry if this sounds like a stupid question, but did you send them all of your end-of-year tax info for that year from all your employers and/or clients?

 

I've had them respond to letters explaining how they got the situation wrong, which were always met with demands for more paperwork, which I often wound up sending them in triplicate, four-plicate, before the issue was finally rectified.  The letters on their own have never been enough in my case.

 

Yikes! That sounds awful 

 

I'm now employed but with a different company, and haven't ever been registered as a freelancer. They haven't sent me any forms to fill and tbh I wish they would! It feels like I'm talking to a wall... out of every 5 letters I send I get 1 response just restating their claim without taking in any of the information I provided them into account 

 

 

[skinnypuppy 32]

15 minutes ago, ExPattheDog said:

 

Yikes! That sounds awful 

 

I'm now employed but with a different company, and haven't ever been registered as a freelancer. They haven't sent me any forms to fill and tbh I wish they would! It feels like I'm talking to a wall... out of every 5 letters I send I get 1 response just restating their claim without taking in any of the information I provided them into account 

 

 

After a few years in Germany you should realise that the Finanzamt rarely sends out forms unrequested unless they're demanding money. They would prefer to berate/punish you for not doing what you didn't know you were supposed to do .

In your place I would gather up all relevant documents, copy them and make an appointment to see your friendly neighbourhood Beamter*in in person, despite the Corona situation. Good luck!

[ExPattheDog 27]

Just now, skinnypuppy said:

After a few years in Germany you should realise that the Finanzamt rarely sends out forms unrequested unless they're demanding money. They would prefer to berate/punish you for not doing what you didn't know you were supposed to do .

In your place I would gather up all relevant documents, copy them and make an appointment to see your friendly neighbourhood Beamter*in in person, despite the Corona situation. Good luck!

 

its not the finanzamt that's requesting money, its the  arbeitsamt -- the finanzamt so far hasn't been  involved at all

 

I keep sending them info but nothing new from them

[dessa_dangerous 13,289]

37 minutes ago, ExPattheDog said:

They haven't sent me any forms to fill and tbh I wish they would!

 

yeah, no.  That's not how they operate.  It's Germany, no one is going to hold your hand, as much as that would be absolutely lovely. You are supposed to be proactive and go get the forms or print them out.  If you don't know what to get then go down to the Finanzamt and ask them to advise you, that is what they are there for.  You did not answer my question about whether you sent them your end-of-year tax info from your employer in 2018,  You may also need to provide them with bank printouts.  You can edit these in a document program to take out all irrelevant information and just include what went into your bank account for each month of that year.  Good luck.

[HH_Sailor 2,702]

Assuming your German is up to it, call them up and arrange for an appointment. Take all your paperwork...

[ExPattheDog 27]

Really at a loss here. I have sent my bank statements proving unemployment & the employer themselves has told them I was unemployed, but they are still insisting I was employed. I have no idea what to do by now. I have given them all of the documents they need to prove this, and they are willfully ignoring it. Any idea what to do? 

 

Side note, I asked what they needed to prove it and provided it multiple times, and they are just robotically sending the same letters

[engelchen 12,874]

You can try contacting the Fachaufsicht and tell them you want to file a Fachaufsichtsbeschwerde:  https://www.arbeitsagentur.de/vor-ort/rd-bb/content/1533717773724

 

You might want to also get a copy of your Versicherungsverlauf from the DRV.