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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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As an employer in California, I had a full time employee that

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As an employer in California, I had a full time employee that I offered to move to part time as I didn't have enough work to keep him at full time. He declined the offer (which I gave to him in writing). We mistakenly approved his unemployment insurance claim. Recently in a legal deposition of another matter, he stated under oath that he did have an offer for part-time work which he didn't report to the EDD when he filed for his unemployment benefits. I've reported it to the CA EDD via their website, can I file suit against the employee since his claim raised my rates? Or more accurately, would I have a legitimate chance of winning a suit?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today

I'm afraid that EDD has the exclusive jurisdiction over pursuing claims of fraudulent payment of benefits based on material misrepresentations made during the application process.

You can inform EDD, which you have done. And they will likely pursue this case, since you do have sworn testimony that he failed to disclose a job offer. Still, the EDD would have to determine whether or not the job was suitable, as he may be able to claim that he declined the offer for part-time work because he is looking for full-time employment.

I'm afraid that you wouldn't be able to file suit against the employee on these grounds despite the employee wrongfully causing your unemployment insurance benefits to rise.

I assume you reported this as fraud, but if you didn't report it as such, you can here:

https://askedd.edd.ca.gov/frmFraudStart.htm

That is the best way to get the EDD's attention and get them moving on it (although it will still likely be weeks if not months before something happens, as EDD moves rather slowly).

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
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Extensive experience representing employees and management