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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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EDD (California) questions, thank you.

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EDD (California) questions, thank you.
Hello and welcome to JustAnswer.

What questions do you have regarding EDD?
Customer: replied 4 years ago.
I had an unfortunate experience with a previous employer who decided I should donate my first two weeks with the company 'gratis', after I started. I ended up in a retaliatory termination situation with this fine gentleman after giving him a demand for $80,000 in earnings he owes me. Took it to California Labor Relations who told me to take it to civil court, welcome to California. This put me in a foreclosure situation on my house, which was a bit of a problem, which I worked my way out of. Accordingly, in my next job I did two things that may not be well received by EDD. First I went out of state for almost six weeks to find immediate work, as my industry employs about 70% of the industry out of Texas, hence, second I filed late for Unemployment Insurance monies. Upon finding new employment a few months later to even the score I filed for UI another five weeks, essentially trueing up what I would have been owed if I sat on my derriere at home instead of getting after a new job. Now they want the overlapping money back with a 30% penalty. How might I approach this. Thank you.
Unfortunately, if you knowingly failed to report your income to EDD (regardless of the reason) you'll be liable for the overpayment.

If you are able to convince EDD that you mistakenly failed to report your income, then they could eliminate the 30% penalty for fraud, so you would be only liable for the initial amount.

I realize that you were trying to 'even up the score' with the government, but unfortunately, when you fail to report income that you're earning, it will come around to bite you in the a@@, as it seems to have in this case.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 4 years ago.
So if I accurately identified "x" number of weeks that I qualified for and should have received UI monies, and these don't line up pristinely, irregardless if you can't get thru on their phone system for weeks at a time, I am at fault? Seems a little hypocritical for an organization who gets less than 70% of their payments out on time. What recourse do I pursue, appeals?
Unfortunately it is virtually impossible to get through to EDD on their phone system.

Yes, you can file an appeal of the decision regarding your overpayment by using the instructions available online here:
Joseph and other California Employment Law Specialists are ready to help you

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