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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
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Hello I received 2 determination letters, for 3 weeks from

Resolved Question:

Hello I received 2 determination letters, for 3 weeks from EDD stating that under section 1257a I am not eligible for benefits until i have filed a claim for each of 06 weeks on one and 05 weeks on the other, does that mean its a total of 11 weeks? I'm employed now so what exactly do i do? Also it says no benefits payable for 3 years from the original date of this disqualification unless it is satisfied at an earlier days? How do i satisfy it at an earlier date?

Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Why you were disqualified from receiving unemployment benefits?
Customer: replied 1 year ago.
I was out of the country
Expert:  Joseph replied 1 year ago.
The last determination letter that you would receive would govern, so you would have to file for benefits for five or six weeks depending on which letter was the last you received.

You were disqualified from receiving benefits since you filed for benefits while out of the country when you could not have been looking for employment and ready and able to accept employment.

Due to that reason, you've been penalized and disqualified from receiving benefits for five or six weeks. Meaning that the next time you are eligible for unemployment benefits (if it's in the next three years) you will need to file for benefits for five or six weeks before you can receive benefits.
Customer: replied 1 year ago.
How do i satisfy this earlier? Will i be charged an overpayment and can they go after me with criminal action?
Expert:  Joseph replied 1 year ago.
Unfortunately, there is no way of satisfying this earlier, if you are currently inelgible for receiving unemployment benefits since you are currently employed, you will be disqualified for the first few weeks you would be eligible for unemployment benefits, if it occurs within the next three years.

It is highly unlikely that you would be charged with any criminal action as a result of this, since that is typically reserved for people who file completely fradulent claims (not those who just claim benefits for some time that they are ineligible within an otherwsie valid claim).

You will likely be responsible for the amount overpaid in benefits, and could be charged with a 30% fee, since it seems that the EDD has declared that the overpayment you received was due to fraud.
Customer: replied 1 year ago.
Ok so then I should be receiving a letter for overpayment?
Expert:  Joseph replied 1 year ago.
That should come within the next few weeks at the latest.
Joseph, Lawyer
Satisfied Customers: 4872
Experience: Extensive experience representing employees and management
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