How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5126
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

Does anyone have familiarity with California law and the EDD?

Customer Question

Does anyone have familiarity with California law and the EDD? I have questions about the process of fraud and non fraud proof process.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Yes, I can help you with your question.

 

Please let me know what it is.

Customer: replied 1 year ago.

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?

Expert:  Joseph replied 1 year ago.

Hello Amanda,

 

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.

Expert:  Joseph replied 1 year ago.

Hello Amanda,

 

Please remember to rate my answer positively so I get credit for my work!

 

If you don't rate me, I receive nothing for assisting you and the website recoups your entire deposit.

 

Trust me when I tell you I need the money more than they do, so please rate my answer positively!

 

Thanks again and best of luck!

Joseph, Lawyer
Satisfied Customers: 5126
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

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?


 

Expert:  Joseph replied 1 year ago.

Hello Amanda,

 

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.

Customer: replied 1 year ago.

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.


 


(That is my final round of questions, I will rate you as excellent shortly. Thank you!)

Expert:  Joseph replied 1 year ago.

Hello Amanda,

 

As a good faith gesture, since I've already asked many questions from you, please rate my answer positively before I proceed with any additional questions.

 

Thanks!

Joseph, Lawyer
Satisfied Customers: 5126
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I rated you, thanks for your last few answers.

Expert:  Joseph replied 1 year ago.

No problem.

 

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.

 

Thanks again and best of luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.