California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for allowing me to assist you. What specifically is the question that you'd like me to answer?
Thank you for this clarification.
The EDD classifies overpayments into two categories: non-fraud or fraud. The consequences are different depending on how the fraud is classified.
When you have received benefits to which you were not entitled and you are NOT at fault, the overpayment is considered "non-fraud." In some cases, you may not have to repay a non-fraud overpayment at all.
However, when a claimant knowingly gives false information or withholds information and receives benefits, the overpayment will be considered "fraudulent," which can have potentially serious criminal consequences.
Typically, with a fraud overpayment, the claimant is penalized in the amount of 30 percent of the amount of the overpayment
The EDD also typically issues a false statement disqualification of 5 to 23 weeks, meaning you are barred from receiving further government assistance for that period of time.
Fraud overpayments and penalties must be repaid in every case.
If convicted of UE insurance fraud as a misdemeanor, you face up to one year in a county jail and a maximum fine of $20,000. If convicted as a felony, you face imprisonment in the California state prison for 16 months, two or three years, and a maximum $20,000 fine.
I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).