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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4966
Experience:  Extensive experience representing employees and management
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just received a notice from edd that I had a potential of a

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just received a notice from edd that I had a potential of a over payment. Has to do with my federal extentions in march of 2011, I was fight the edd for my federal extentions that I was initally denied from, then I started receiving it after a couple of months. I had a job for a couple of weeks at that time that I thought was comission only but then I was paid a small amount of $160 a week I guess thats california law, anyway That employer stated that I quit when actually they wanted more time and production from me which I couldn't give them so we agreed to part ways for a lack of production. Now the edd says I owe $14,000 plus a penalty of $4400.00 what do i do.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Did you report the income that you were receiving when you were receiving unemployment benefits?

 

Did you inform EDD that you were working, or did you fill out forms that stated that you weren't working during that time and were ready and available, and looking for work?

Customer: replied 1 year ago.

I probably filled out the forms stating that I wasnt working this was over 2 years ago and I'm really not 100% clear on the time line. I know I went a long time with out a claim then all of a sudden they sent me like 4 months of claim forms to check and send back to them. I dont see that I was intentionally being fraudalant just made a mistake.

Expert:  Joseph replied 1 year ago.

That is the main issue that you would have on appeal, since you will, unfortunately, definitely have to repay the money that you received in overpayment.

 

You can file an appeal regarding the penalty that was imposed on you for fraudulently receiving an overpayment in benefits. It was likely imposed on you since you did not report the income that you received and stated that you were not working.

 

It will definitely be difficult to win on appeal, since every claim form that you fill out has a signature where you state that you verify that everything on the form is true, including that you were not employed and not receiving income from any sources.

 

Unless you can prove to the EDD that you really had no knowledge that you had to report the income from your job, I'm afraid that you'll probably wind up being liable for the penalty as well. You may be able to do so, but, from my experience, it's pretty hard to do with an administrative judge.

 

You can arrange a payment plan with the EDD, however, so you won't have to be liable for the entire overpayment and penalties immediately.

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question!

 

 

Customer: replied 1 year ago.
Does it make a difference if I was let go versus quit from that job I had for three weeks?
Expert:  Joseph replied 1 year ago.

Was the commission job the one that you had for three weeks? Did you only work for three weeks total?

 

In that case, you would have been eligible to receive unemployment benefits if you were terminated from that job through no fault of your own.

 

You should definitely bring up those circumstances, and can tell EDD that you didn't realize that you had to report a job (that you thought) was commission only, and didn't realize the nominal amount of income needed to be reported either.

 

Hopefully, they'll see that since you would have been granted unemployment benefits anyway, they'll award them to you.

Customer: replied 1 year ago.
Joseph
Just to clarify, the benefits I was receiving was from the federal extension
Does that change anything?
Expert:  Joseph replied 1 year ago.
No, it still comes from the EDD even though it was through the federal extension, so you would be liable to EDD for any overpayment of benefits.
Joseph, Lawyer
Satisfied Customers: 4966
Experience: Extensive experience representing employees and management
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