California Employment Law
California Employment Law Questions Answered by Legal Experts
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I collected unemployment benefits when my daytime part time job laid us off because they were closing. I did not report my night time jobs earnings. This was only for a few weeks. I just had a phone interview and they asked me about my current employer, I pretended I couldn't hear him anymore & hung up because I didnt know how to answer questions and I was scared. I have never been introuble before, I was just strapped for money at the time. What should be my next move? I know there are two types, fraud and non fraud, clearly I committed fraud and see no way around this... Should I get a lawyer?? Should I just call back and admit what I did or wait for the determination against me and hopefully be able to get a payment plan. I am willing to pay the money back with the required interest. Will current and future employers find out about this?
Unfortunately, if you knowingly received unemployment benefits that you weren't entitled to due to failure to report your night time earnings, you will be responsible for paying back all the unemployment you received from this time.
You will also likely have to pay back a 30% penalty for fraud, unless you are able to convince EDD that you were unaware that you were obligated to report earnings from your night job (which is unlikely).
It is VERY rare to be charged with unemployment insurance fraud, and since you will be obligated to pay the penalty, a lawyer is unlikely to be able to do anything for you, so it's not worth the cost.
Your future employers wouldn't be able to find out about this unless criminal charges were actually filed.
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What do you think my next move should be? Wait until I recieve a letter? Try and appeal or let it go and start paying? Call them and admit it? I was entitled to some just not all... Should I have an attorney speak on my behalf to not admit anything, or what? I don't now how to handle this going forward...
Does this fraud penalty mean anything besides what they deamed as such. If I just do what I am instructed if/when the letter comes it will all be settled?
Also, how long am I disqualified from benefits in the future?
It is only a civil matter currently, so there's no need for an attorney. It would be best to admit the mistake up front and ask about repaying the money, since that could avoid you being hit with the 30% fraud penalty.
As long as you pay back the money it would be settled, so there wouldn't be anything else to worry about.
The disqualification is anywhere from 5 to 26 weeks, depending on the severity of the fraud that EDD believes occurred.
I haven't heard of any cases where they waive the 30% if you admit it... They will just charge it regardless don't you think?
I will just wait and see what letters they send.
Does the fraud charge mean anything? It's still simply between myself and the EDD so if I ever go back and reapply for benefits or god forbit disability via EDD... it will only penalize me for benefits, not any other consequences I am not aware of.
I just want to make sure I am covering my future and current situation.
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Yes, they will likely charge you the 30% regardless of whether you admit it or not. I was saying if you were upfront about it, you may be able to convince EDD that it was unintentional (not fraudulent) and thereby get around having to pay the 30%.
The chances would be very slim, however, especially since it seems that they are already aware that the overpayment occurred.
Yes, if it's only a civil case between you and EDD, it would not go around that. However, the penalty (5 to 26 weeks of denied benefits) would still apply to you the next time you apply for unemployment benefits.
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