I was denied CA Unemployment Benefits for 5 weeks under CUIC Section 1257 (a) because I did not report the correct earnings for the first week of temporary job. At the time, I didn’t have exact numbers as to what I’d be paid and frankly I figured my unemployment benefits were based on whether I worked or not. Considering my employment is temporary job, I will likely end up needing unemployment sometime in the future. 5 weeks and an $81 seems like an excessive penalty.
State/Country relating to question: California
Submitted a appeal which they came back with the 5 week penalty. Now, I can appeal to the EDD Centralized Overpayment (Title 22, California Code of Regulations, Section 5022)
Sorry, do you have a specific question about the process or your chances on appeal?
Is there something I can do to reduce this penalty?
Hopefully through the appeals process, once they hear your side of the story, and your reason for failing to report the income, they'll reconsider the penalty and reduce it.
However, it's really in EDD's discretion to set what the penalty is for overpayment of uninsurance benefits, so there's no guarantee that it'll be reduced through the appeals process, but considering your situation, I think your chances for getting it reduced are pretty good.
Several Years Litigation Experience; Editor of Employment Law Newsletter for Law Firm
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