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DrewMSJD
DrewMSJD,
Category: California Employment Law
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I need to know how to prepare for an interview by ph with a

Customer Question

I need to know how to prepare for an interview by ph with a judge regarding an unemployment overpayment in CA, I had sent already two letters of appeal, they are now trying to add $3,000+ on late fees. Appt is in two days by ph sinced I have moved.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  DrewMSJD replied 2 years ago.
Do you know the basis for the determination that you were overpaid?

Generally speaking, to prepare for an unemployment appeal hearing, you will want to get your records together and study the relevant rules or statutes. Those should have been provided to you in the notice of overpayment.

What you will want to do in your hearing is show why the determination is wrong. That may be obvious, but you will need to provide the judge with the specific fact or facts that show the decision was made in error and why. This may require you to do some research into the rules and the basis for the decision to make you repay.
DrewMSJD,
Satisfied Customers: 53
Experience: 
DrewMSJD and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
You still did not answer my question in regards XXXXX XXXXX I can stop them from adding late fees if necessary.
Customer: replied 2 years ago.
Relist: Incomplete answer.
I need to know if The judge decides I still have to paid how can I stop the late fees they r adding $970 every 20 days to the original amount. What is the best way to address the judge over the ph on this situation.
Customer: replied 2 years ago.
Relist: Incomplete answer.
I still did not get my answer in regards XXXXX XXXXX judge over the ph reg unemployment overpayment and late fees added every 20 days of $970. I need to know if judge was to said that I still have to paid amount how can I stop the late fees.
Expert:  DrewMSJD replied 2 years ago.
Are they still paying you? I don't know why they are adding $970 per week. That about looks like a benefit amount. Are they still calculating your overpayment? By the way, what is their basis for claiming that you were overpaid? (You didn't answer that from my earlier post, and it would be helpful to answering your question.) Let me know and I'm happy to try and answer your question.
Customer: replied 2 years ago.
No, have not been on unemployment sinced 02/2012, I am supposed to owe only $1,700, but they just keep adding late fees, I had mail two letters of appels one for this month and the other one for last month. I had a medical emergency with my mother and so I ask for a couple of days sinced it has been slow I was working part time letting them know and qualify for p-time unemployment, even tho I call my employer, he still terminated me, I didnt know at first he let me know after he told the unemployment, you see my previous employer did not paid on unemployment. when they call me by ph I was not prepare,I was out of meds, and not much in my stomach, and sinced they realised that tho my employer stated that I was terminated on 11/14/11, I had a ck stab that was dated 11/7/11 to 11/19/11 sinced my last date work for him was 11/15/11. But the lady from the unemployment office kept on stating that I should have call more anyway, when I told them I had, so now the are saying that I quit. I have a ph interview with a judge on wendsday morning. ,
Expert:  DrewMSJD replied 2 years ago.
The best advice I can give you is be honest (which I am sure you are) and tell them what happened and when. Sometimes, state agencies will make assumptions that are not correct. If you can correct their incorrect assumptions about your situation, you may be able to reduce your penalties. Be sure you have your pay stubs and any records you have of phone calls, and your letters, etc. with you on the call. The judge will be probably be asking about your situation and circumstances. If you have your records in hand, it should help you tell your story accurately. Also, tell the judge which records you are looking at when you're describing what happened. It is never good to be told you have to pay back your unemployment, particularly with late fees. I hope this helps and everything works out for you!

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