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 Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1779
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Type Your California Employment Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

Lets say a person in the state of California realizes he may

Resolved Question:

Let's say a person in the state of California realizes he may be guilty of unemployment fraud (he overlooked to report income from an independent contractor job while receiving unemployment). He knows this will be reported to the IRS, from where it may be passed along to California's EDD. What should he do? Is there a way to return the excess unemployment benefits without legal repercussions? Can he pay back the money to the company he worked for? Should he just wait to be caught?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Hello and welcome.

I am so sorry to hear of your difficult situation.

My goal is to provide you with excellent service. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Brandon, Esq. replied 1 year ago.
A fraud overpayment occurs when you knowingly give false information or withhold information and as a result receive benefits that you should not have received. Withholding or giving false information to obtain unemployment insurance benefits is a serious offense that can result in criminal prosecution. With a fraud overpayment, you are assessed a penalty in the amount of 30 percent of the amount of the overpayment and a false statement disqualification of 5 to 23 weeks. However, if you have an argument that the overpayment was due to Non-Fraud, then you would not have to pay the penalties, and possible, not have to re-pay the overpayment at all. Non-Fraud overpayment occurs when you are not at fault for receiving the additional benefits.

Thus, if you believe a notice of overpayment is forthcoming, you can definitely contact the Employment Development Department, or send a check or money order payable to EDD for the amount overpaid. You would include your name and social security account number on the check or money order and mail the payment directly to:

EDD Cashiering, Benefit Recovery
State of California
PO Box 826806
Sacramento, CANNN-NN-NNNNbr/>
More information about this can be found here:

http://www.edd.ca.gov/unemployment/FAQ_for_Overpayments.htm

So, as to whether to take the chance of whether or not he will receive a letter, that is entirely up to him, as if he does not receive him, he will not have to pay back any benefits. However, based on the the penalties, it may be better for him to make the argument that he was not aware that what was happening was illegal, and he had no idea that fraud was occuring, and that he would like to pay back any overpayment immediately.

It has been my pleasure to assist you today. I hope I have provided you excellent service. Kindly remember to rate my answer only when you are fully satisfied. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service. Please remember that I cannot control whether the law is favorable to you or not, so please do not jump to a rating before you ask any questions you may have. I do not know what you may already know or with that you need help with unless you tell me. Additionally, please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case.

I wish you the best in 2013. After fully reading the answer, please remember to press the happy face on the bottom of your screen when we are finished with our communication so I will be credited for my time in assisting you. Have a wonderful rest of your day.
Brandon, Esq., Lawyer
Satisfied Customers: 1779
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 5 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.

I wanted to add a few things to my previous response in case they were unclear.

1. Paying back money to the company he worked for would not change the outcome of their decision. It is the applicant’s responsibility to update and inform the EDD of any jobs in which they are offered employment. Paying back the money to the company will likely do more harm than good.
2. If he waits to be caught, and he believes that fraud took place, then a finding of fraud will likely take place, in which he will be required to pay penalties that he has accrued.
3. By showing that he is responsible by contacting the EDD with the error, he is showing that he did not act with malicious intent to defraud the EDD. If he repays back what is owed, under a theory of full or partial benefits, then a formal investigation will likely not take place, and he will avoid any legal repercussions.

 

I also wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. Have a wonderful day.

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:

    845
    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:

    329
    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:

    3365
    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.