California Employment Law
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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.
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