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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5040
Experience:  Extensive experience representing employees and management
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Hi Joseph, Youve answered my earlier questions about neglecting

Resolved Question:

Hi Joseph,
You've answered my earlier questions about neglecting to report free-lance work on unemployment claim. I believe my mistake was careless but legitimate- but EDD may ask how I could sign the form saying that I did not work when I had done some projects. I plan to report before they call me and to offer to pay all in full.What recourse do I have if questioned about the form?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello,

 

I'm not sure what you mean about what recourse you have (as that is normally a question made about possible rights violations), but you could state that you did not believe that the freelance work that you did not actually constitute 'work' since you were not employed.

 

Due to your past situation, however, when you did report this income on your claim forms, this would definitely be a difficult argument to maintain, but it is possible.

 

Also, not everyone reads what they sign, so the mere fact that you did sign does not attest to the fact that you actually knowingly did so and were 'lying' to EDD by stating that you had not done any work.

 

Finally, you can just claim ignorance that that was what you were signing and that you were unaware that freelance work needed to be reported to EDD.

Customer: replied 1 year ago.

Well - I have reported free-lance projects before, so I knew. I can only say that I forgot about reporting free-lance once I was back on unemployment and that I carelessly signed the forms and mailed them in a rush. I have made several mistakes on forms before and had the checks held up. I did report one small stipend in November, but I had very formal documentation on it as it was a government agency.


 


There were 2 instances where there may have been confusion as to whether the extensions were exhausted or not. But my records are not that exact.

Expert:  Joseph replied 1 year ago.
Yes, that could work, that you forgot once you were back on unemployment benefits.

Also, you shouldn't assume that EDD has exact records either, and they won't necessarily question you that you were unaware that you needed to report freelance work, even though you had done so in the past.
Customer: replied 1 year ago.

It might help that I certainly did report the temp work, as I was employed It was after that job finished that I did a few free-lance projects and forgot. But forgetting still seems pretty lame. But I hope it will help to show that I did not intend to neglect reporting since I will report it first to them up front and pay back. Could that help or trigger further investigation?

Expert:  Joseph replied 1 year ago.
I think it's unlikely that that would trigger further investigation, but it is definitely a possibility, since they may think there could be other free lance projects that you also failed to report.
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5040
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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