Overpayment and Pôle Emploi penalty: How to dispute it and lodge an objection

Introduction :

Are you a current or former jobseeker who has received back-to-work benefits claimed by Pôle Emploi ?

You've come to the right place !

We have put together a comprehensive guide to contesting the constraints issued by Pôle Emploi.

In this guide, we explain in detail what a Pôle Emploi constraint is, why it may be necessary to contest it, the steps to follow, the competent court, the time limits to be respected, and the content required for an effective contestation.

1 : notification of overpayment

In the event of overpayment, i.e. when Pôle Emploi has paid benefits to a jobseeker in excess of his or her entitlement (or when it considers that it has overpaid), Pôle Emploi first sends a notification letter by registered post with acknowledgement of receipt requesting payment of the amount.

If the person is still eligible for benefits, Pôle emploi may make deductions from your future benefits.

If compensation ceases, jobseekers must in principle notify their Pôle emploi branch to repay their debt by another means of payment.

Jobseekers must dispute the amount as soon as possible, and in any event within two months of notification.

At this initial stage, it may be useful to consult a lawyer to provide the grounds for the dispute and to provide a legal basis for your arguments.

What is a Pôle Emploi constraint?

If the notification remains without effect one month after it is sent (without the sum being reimbursed, for example), Pôle emploi may then decide to issue a constraint, which is a document drawn up with a view to enforcing recovery of the sum owed.

The constraint is sent by registered letter with acknowledgement of receipt or by deed from the court commissioner (formerly a bailiff).

3 : Why contest a Pôle Emploi claim?

There may be several reasons why you should consider challenging a Pôle Emploi constraint.

For example, if the sum is not due or has been incorrectly calculated, or if the sum can no longer be claimed.

Steps for disputing a Pôle Emploi claim :

1. Gathering evidence: Before contesting, gather evidence documenting your compliance with the obligations and your file (email exchanges, letters, etc.);
2. Drafting the dispute : Write a clear and concise letter of protest explaining the reasons for your disagreement with the constraint.
This stage is essential and must be given special attention   Contact-us
3. Send your letter to the competent court ;
4. Communication with Pôle Emploi: Send your letter of objection to Pôle Emploi.

5 : Which court should I go to?

Challenges to Pôle Emploi constraints are normally brought before the judicial tribunal. It is this court that will examine your case and take a decision after summoning you to a pleading hearing.

6 : Deadlines to be respected

It is essential to respect the legal time limits for challenging a Pôle Emploi constraint.

7 : Content of the Dispute :

Your letter of protest should include the following elements:

• Your name and contact details.
• The reference of the constraint you are disputing.
• A detailed explanation of your disagreement.
• All relevant documentary evidence.

The challenge process can be complex and technical, so the best solution is to consult a lawyer specialising in employment law. Our firm can help you prepare your case and represent you in court.

1. Introduction
2. 1 : notification of overpayment
3. 2 : What is a Pôle Emploi constraint?
4. 3 : Why contest a Pôle Emploi claim?
5. 4 : Steps for disputing a Pôle Emploi claim
6. 5 : Which court should I go to?
7. 6 : Deadlines to be respected
8. 7 : Content of the Dispute