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Category: Criminal Law
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Experience:  30 years legal experience
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how can i Can I self-disclose unemployment fraud. case:

Customer Question

how can i Can I self-disclose unemployment fraud.

case: on he unemployment insurance claim: i filed, reason i am no longer working for the above employer: release by management. had disagreement with commission pay structure.

during the interview: i told the rep that, i do not completely understand the release and that i stole items from the company- at the end of the interview i clearly ask her if the case that i stole is true and the employer has a report, i will be not qualify. she said she'll investigate and give me a call back, but never did. so i figure there was a report that i stole from the company.

a month passed and the edd card came in. so i figure it went through. but now i received an appeal from employer and have a court hearing this coming week.

i feel as though im at lost already and wanted to withdraw the claim.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good morning Mazo,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What letter did you receive this weekend, who was it from and what did it say?

Doug

Customer: replied 1 year ago.

 


 


There's are the image that was sent to me. i'm currently not in California and my sister sent it to me by phone:

Expert:  LawTalk replied 1 year ago.

Good morning Maze,

If you have determined that you never qualified for unemployment, and then you will need to contact EDD by phone, tell them that you want to end your claim and then repay them all the payments you have received so far. If you have already spent the money, they will set up a repayment plan for you.

You are much better off notifying unemployment of the overpayment they made and agreeing to voluntarily paying back the money which was overpaid to you. There may be a 30% penalty for any overpayment made based on you not providing accurate information when you applied.

Once you terminate your benefits, you will not have to attend the hearing set for next week. If you change your mind, you may ask EDD to be allowed to attend by phone.
This is one of the few times when coming forward will likely keep you out of jail. Come forward BEFORE they contact you.

Here is a site which, while put out by CA, pretty much explains the way things work in all states:

http://www.edd.ca.gov/unemployment/Overpayments.htm

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

Customer: replied 1 year ago.

I understood that coming forward was the main thing i should do, but the 30% issue , i believe i wasn't at fault. mainly because i didn't see the report till this mail and honestly i felt as if they were looking for reasons to release me.

 

my main concern is that: the phone interview already said that i wouldn't qualify and they would give me a call back regarding this case, but there was no call back and only edd card was mail me to me. so i figure the employer approved and well as edd did investigate.

 

would this concern help me with this case to clear the 30%? or should it wouldn't help.

 

also, once i call edd and come forward- do i need to call the court hearing # ? or will edd clear things out with the hearing and employer filing this appeal claim.

 

basically, do i need to plead my case to edd: or will edd just cancel the claim and start the repayment plan.

Expert:  LawTalk replied 1 year ago.

Hi Maze,

You wrote:

I understood that coming forward was the main thing i should do, but the 30% issue , i believe i wasn't at fault. mainly because i didn't see the report till this mail and honestly i felt as if they were looking for reasons to release me. Then you need to fight the appeal. If you simply abandon the claim, EDD will almost certainly find the overpayment and demand the money back, and if the claim was made improperly, they will add the 30% on. If the reason you were let go was because you were accused of stealing---the employer MUST PROVE that, or you will win your claim. If they prove it, then you may be hit with the 30%. That is the law.

my main concern is that: the phone interview already said that i wouldn't qualify and they would give me a call back regarding this case, but there was no call back and only edd card was mail me to me. so i figure the employer approved and well as edd did investigate. Again, if you want to argue the facts in your favor, you will have to attend the meeting scheduled---either in person or by phone.

would this concern help me with this case to clear the 30%? or should it wouldn't help. Look, you either were not entitled to unemployment because you were terminated for cause---or you were entitled to it. If you were terminated for cause, and you mislead EDD as to why they let you go, then the overpayment penalty will apply. If you were not terminated for cause, because they cannot prove that you stole, then there is really no reason to end the claim here. You only end it if you know that you wrongfully applied. If you believe that you had the right to apply, then you must fight the denial, and appear for the hearing and fight for your rights.

so, once i call edd and come forward- do i need to call the court hearing # ? or will edd clear things out with the hearing and employer filing this appeal claim. If you just terminate your claim, EDD will take the hearing off schedule. This is NOT a court hearing, just an administrative hearing by EDD. There is no court; there is no judge in the typical sense.

basically, do i need to plead my case to edd: or will edd just cancel the claim and start the repayment plan. See the above answers for your options.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

Customer: replied 1 year ago.

what if i can't reach an edd rep. to cancel the benefits. everytime i call it would tell us there is too many calls to be handle, to deal with automative services.


 


 

Expert:  LawTalk replied 1 year ago.

Good morning Maze,

Calling EDD can be a nightmare, I know. You either have to call, or go in person, or write and wait until they get the letter---so send it overnight mail.

Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug



Customer: replied 1 year ago.

Last questions:


 


If edd can't be reach: can I call the "Notice of hearing" # XXXXX or the Los Angeles office of appeals # XXXXX cancel or withdraw from the issue/case?


 


It wouldn't be the same as contacting EDD, correct?

Expert:  LawTalk replied 1 year ago.

Hi Maze,

You can tell that office that you are withdrawing your claim, and they will likely take the hearing off calendar, but they cannot process your benefit termination---only EDD can do that. You need to deal directly with EDD for that process.

I wish you well,

Doug


LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27999
Experience: 30 years legal experience
LawTalk and 9 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service, Mazo. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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