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Samuel-II
Samuel-II, Attorney
Category: California Employment Law
Satisfied Customers: 21385
Experience:  20 plus years experience in employment law
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"If EDD/CA determines an unemployed claimant was over paid

Resolved Question:

"If EDD/CA determines an unemployed claimant was over paid benefits by "willful false statement or withholding relevant information", does that determination affect/damage my permanant record?

I'm a performer and my residual income is sporadic. That along with confusion of personal income vs loan-out corp payments, makes it difficult to properly file dates and amounts. The confusion /delay makes it easy to fail the 9 to 5'er rules of EDD. It' been difficult to explain my reasoning to the reps. The appeals process may be harder. I'd like to know if I should just pay the overpayment /penalties (30%) or appeal the determination and assessed penalty. I don't want compliance to be an admission to fraud on my permanent personal record.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Samuel-II replied 1 year ago.

Sam :

Hi

Sam :

I suggest an Appeal never hurts. I suggest you appeal and then it shows that you do not agree entirely with what is being alleged

Sam :

You may still have to pay, you may get the amount reduced or you may have it waived altogether depending on what you present on appeal.

Sam :

But if you simply and merely pay without argument then yes, it says "Im guilty as charged"

Customer:

Okay so appeal but say I did not intend to fraud?

Sam :

Corret

Sam :

That is what the appeal will be based on. No intent to commit fraud

Sam :

You have a strange career path for all intents and purposes and as you state it is not something you can document accurately all the time. There was no intent on your part to defraud or steal any money from the state via the EDD

Sam :

If you appeal and lose, they will make you pay the money back

Customer:

How do I provide proof on non intention if my reasoning or misunderstanding is what got me into this situation?

Customer:

It's not the money its a reputation thing

Customer:

Okay. And just saying that simple phrase is enough?

Sam :

You can provide character references that you are an honest person. And also be specific as to any statements they are referring to

Sam :

If you are a performer then I suggest you show what you have done in the way of looking for work, or if you have any pay from any gigs

Customer:

Okay. Thank you. I appeciate your time.

Sam :

Well, there are a number of appeals and remember if you owe the EDD only wants their money

Customer:

I do have pay from residuals as a loan out that is what was confusing

Sam :

They are not out to persecute anyone and so most times it is just Pay the Money owed

Sam :

So there is no harm in making the appeal.

Customer:

okay I just didn't agree with the willfully false statement part of their determinaation

Customer:

Okay thank you.

Customer:

Can I get a transcript of our congo?

Sam :

Correct. And that is simply "boiler plate" language they use

Customer:

convo.

Customer:

Got it. Well it's scary to read

Sam :

Once you accept this chat with a good to excellent rating, this will convert to a Q&A format

Sam :

at that time, you should be able to print it out

Customer:

I have never been on edd in all my 30 years and now I'm confused at the process

Sam :

And if you need further assistance with that, you can contact the Moderators of the site

Sam :

Yes, It is so difficult for many of us.

Customer:

Got it. I'll do that. Best wishes for your new year.

Sam :

And those who have always had jobs and never been on the EDD

Sam :

Happy New Year to you. Good luck

Sam :

If you have other questions, you may reply here and I will continue to assist you. Otherwise, please rate "good to excellent" below so that I may get credit for my time and information to you in this regard. Thanks

Customer:

Certainly. Thank you so very much. Take care.

Samuel-II, Attorney
Satisfied Customers: 21385
Experience: 20 plus years experience in employment law
Samuel-II and other California Employment Law Specialists are ready to help you

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