How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I received a letter from unemployment requesting that I pay

Customer Question

I received a letter from unemployment requesting that I pay back a huge overpayment, including a 30% penalty. I wish to appeal this, but have no idea how to write a letter for this, or where to find and unemployment attorney in my area. Can you help me ?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

Under CA unemployment regulations, when you knowingly give false information or withhold information and receive benefits that you should not have received, this not only can result in criminal prosecution, but with fraud you are assessed a penalty in the amount of 30 percent of the amount of the overpayment and a false statement disqualification of as much as a year. Fraud overpayments and penalties must be repaid under the law.

To request an appeal, you must send a Request for Appeal letter to the EDD within 20 days of the mailing date of the Notice of Overpayment. The mailing date can be found in the upper right hand corner of the first page of the Notice. The address you need to send the appeal letter is also on the Notice.

 

Your letter needs to include your current contact information, your Social Security Number, and a simple statement indicating you disagree with the EDD’s Notice of Overpayment. You will have an opportunity to thoroughly prepare and present your arguments during an appeal hearing. Keep your communication short and relevant. This is not the point in time at which you offer evidence in your defense. You are only requesting an Appeal.

 

In the meantime, you might consider retaining a local unemployment law attorney to represent because, while it is unlikely that you will be prosecuted, it is important that you do not lose the appeal because of the money involved, and because of the fact that you stand to be penalized in the future as well if you again become unemployed and have need to file a claim.

 

I wish you the best in 2012.

 

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

 

 

Customer: replied 2 years ago.
when filing for bankruptcy, is it possible to NOT file on certain creditors, such as credit cards and car loans ? thank you
Customer: replied 2 years ago.
Relist: Answer quality.
when filing for bankruptcy, is it possible to NOT file on some creditors, such as credit cards and car loans ?
Expert:  LawTalk replied 2 years ago.
Good morning,

Please know that the Terms of Service of JustAnswer specify that each customer ask one question in each question thread. I would respectfully ask that you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

Please also understand that the Terms of Service of JustAnswer hold that you should Accept an Answer which has been informative and helpful to you in your understanding of the situation. I help people here, like you, for a living---this is not a hobby for me, and I appreciate your abiding by the honor system as regards Accepting answers.

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.