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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5126
Experience:  Extensive experience representing employees and management
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Hello I have been receiving unemployment benefits since January

Customer Question

Hello I have been receiving unemployment benefits since January due to having to uit my job for a job relocation to Florida for my husband and I just received an audit letter for a particular week in November. This particular week I left the country for 14 days, however I certified that I was able and searching for work during this period. How do I fill this form. What's the worse that can happen

Nervous Nellie
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Nellie,

I'm sorry to hear about your situation and hope I can help.

It's best to be honest and upfront with the EDD about the particular week in November in which you left the country for 14 days. You would be disqualified from receiving unemployment benefits during that period since you were out of the country, but as long as you only are considered to have mistakenly made the representation to EDD you wouldn't suffer any punishment from EDD for the admission.

Unfortunately, if you're considered to have fraudulently made the misrepresentation, you could have to pay a 30% penalty in addition to the amount of overpayment and could be punished by being denied benefits for 5 to 23 weeks for the false statement (likely closer to 5 weeks).
Customer: replied 1 year ago.
So i reply to them with the truth and what happens after they receive the letter, whats the next step. Will they call or send another letter how long does that take? Also if they do find it fraudulent my benefits are over this december will i have to pay more weeks?
Expert:  Joseph replied 1 year ago.
They may call or set a hearing to determine whether they would impose any punishment on you for fradulently filing a claim. You wouldn't have to pay any additional weeks if your benefits are over. You would just be liable for the amount of overpayment and a potential 30% penalty.
Customer: replied 1 year ago.
Thank you. Can this make them look into other weeks?
Expert:  Joseph replied 1 year ago.
It could, but it's doubtful that they would do so, and that would have to be initiated through another audit letter.
Joseph, Lawyer
Satisfied Customers: 5126
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Could i go to jail for this
Expert:  Joseph replied 1 year ago.
Theoretically, you could, but the EDD would never actually proceed with criminal charges in this type of case, so in all reality, you don't have anything to worry about in regards to a potential criminal case.
Customer: replied 1 year ago.
I'm just really worried about my outcome. Will they base their decision on my response on the letter or will i be interviewed
Expert:  Joseph replied 1 year ago.
It depends. They will likely schedule an interview for you to determine whether a penalty will be accesed or not, or if you will just be required to pay back the amount of the overpayment that you received in benefits.

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