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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115462
Experience:  20+ Years of Employment Law Experience
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You answered my questions the other day regarding and Dutch

Customer Question

You answered my questions the other day regarding ***** ***** and Dutch Grading. My new question is considering the fact that he collected unemployment while employed should I file a fraud report before after or during my appeal to the hearing decision?
Submitted: 10 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You should file the fraud report NOW while your appeal is running. Let their fraud investigators start investigating as it can only help your appeal to the hearing decision.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 10 days ago.
Here's the kicker.... The "Law Judge" at the hearing asked the employee if he was working during the months of unemployment he claimed, he said yes. The judge also asked why he filed a month after the separation and who he was working for, his answer was don't know and his mother! Why would the judge ignore all of this and still say he is eligible for benefits? You read the decision so what the heck was the judge up to? I am trying to make clear to you that I am well versed in other court settings and I'm am trying to understand the EDD Court system, they way they think and so fourth. It matters to me to know this information and I have yet to see the common sense here, all evidence points to him quitting yet they are turning a blind eye if you are following me.
Expert:  Law Educator, Esq. replied 10 days ago.

Thank you for your reply.

So that would be the admission of guilt and error of law of the law judge. That is to your benefit of course. I would have to say you need to present that admission to the fraud investigators since he cannot work while receiving unemployment. I have no clue why your judge ruled in his favor if he was indeed working.

I am following you, it is illegal to work and collect income from work and unemployment at the same time.

Customer: replied 10 days ago.
Got it, that is my concern as well... Why did the judge do that? We won't know I guess.You said I need a lawyer to file the appeal. I do not have any local EDD lawyers that can help. Do I really need a lawyer to do this? I'm not being cheap I just don't have the right people close to me.
What should my appeal include based on what you know so far?The BIG question is should I just let this go if I can't win? I mean we are only talking about $2000 and change for 13 weeks of payments. In other words how bad will it hurt my company to have this on its record if I leave everything alone now or lose in the future or will it hurt us at all? What are the current repercussions for my company with what you read? Or does this split decision even affect us at all?
Expert:  Law Educator, Esq. replied 9 days ago.

Thank you for your reply.

If you would like an honest opinion based on economics, I would say that walking away for $2000 is going to be cheaper than the attorney's fees you will incur fighting the appeal in the court. Your appeal would be based on the fact the judge's determination was contrary to law in that unemployment should not be paid for the time when the person was working and earning wages. However, at what cost. If you have proof of him working, including his admission, then turning it over to the fraud investigations unit would likely be most economical for you and not worrying about spending money on the appeal. If the fraud unit does find fraud, then you would get your money back, but if for some reason they do not, $2000 again is less than what attorney's fees will be for an appeal.

The one claim for unemployment will not hurt you. People lay off employees all the time, it does not look bad for your company with unemployment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 9 days ago.
The reason for my question regarding hurting my company was due to the fact that we received a letter in the mail from a lawyer in LA. This was from the first appeal since we didn't show up. We didn't show up because we never received the paper work for the hearing. The letter from the lawyer was of course just advertising however it said the ruling against us could have major impacts for my company in the future, hence my question.......Wouldn't the employee already have been paid out? He started the claim in August 2016 and filed a new one January 2017, our account had already been drained and FUTA taxes charged from our bank account. Also you said a total of 13 weeks of benefits. He quit July 19 2016, only worked for us about three months at $15 an hour, however my question relates to the fact not necessarily regarding to the three months but the 5 months he had to collect while working somewhere else of course. So the question is, even though there was a judgment to allow unemployment payout shouldn't payment already be done and he gets zero dollars from here on out?Bigger question because I have this issue here and possibly with another employee.
Why would EDD come after my company to provide payments when they were working for other people, I feel as if I'm flipping the bill for everyone else's meals. For example I received the form for another employee, a form that I never seen before. It asked me if the employee let me know that he quit. Of course I said yes and I described to them that he did not want to listen to his boss and he went home and said I quit. Then there was a chart that showed how much money and percentages that the other companies will have to pay and how much I would have to pay even though he quit June 2016 and I just got this form April 2017. It said that I would have to pay 75% of his unemployment even though he had been employed elsewhere. 75% of almost $12,000 when he quit and has been working elsewhere. What the heck is all this about? Note that I have never seen any other correspondence since that form. This is relative to the current case because I am wondering if this is how they decided I should pay now even though the employee we are talking about and have been talking about was working. Hence my next question can I really file a fraud case? Have you ever heard of anything like this before?
Expert:  Law Educator, Esq. replied 9 days ago.

Thank you for your reply.

The unemployment claims against a company can lead to higher unemployment rates paid by your company in general. However, if you do not have numerous layoffs and claims, one claim is not going to generally ruin your company. You would have to pay the costs of the unemployment benefit into the EDD accounts of course. He would get unemployment benefits for as long as he qualifies for those benefits I am afraid. This is where filing your fraud complaint comes into play. If you have proof of fraud and EDD investigators find fraud they will make him pay all the money back to your unemployment account plus penalties. Does this happen you ask, yes, all the time EDD discovers that there has been fraud committed even after an appeal and will pursue the person for money back.

Customer: replied 9 days ago.
I want to clarify on my questions because I didn't really I see a clear answer to them.You mentioned that he would get up to 13 weeks of unemployment what is that based on?Why would he be able to collect unemployment from my company when he had worked somewhere else and the state is aware of this shouldn't the other company have to pay not me?In other words my example of another employee that I had I received a letter stating that he may get unemployment and that I would have to pay a percentage of his unemployment and the other companies he worked for would have to pay a percentage have you ever heard of anything like this?Based on the above question if this is normal for multiple companies to pay unemployment as percentages do I really have a fraud case? Do you follow me?
Expert:  Law Educator, Esq. replied 9 days ago.

Thank you for your reply.

The length of his unemployment benefits is based on the length of his work and his earnings with your company and that is calculated by EDD.

I know this may be your frustration, but keep asking this question and I keep agreeing with you, HE SHOULD NOT UNDER CA LAW GET UNEMPLOYMENT IF IT IS PROVEN HE IS WORKING DURING THE SAME WEEKS HE IS GETTING PAYMENT, that is what the CA law says. I have no clue why the hearing officer ignored that fact if he is earning wages the same time period as he is collecting unemployment. The payments would come from the account of the employer he is claiming laid him off if he were actually unemployed.

Customer: replied 9 days ago.
We are on the same page just to be clear to you I understand you are siding with me.What I am asking you separately is how can the state make multiple employers pay percentages into that employees unemployment benefits?Therefore if the state can make multiple employers pay a single employee unemployment benefits is this what happened or could have happened with my current situation and therefore not be considered fraud?I want to make clear that I understand your position that the law and California states he cannot collect unemployment while employed. The questions above are a separate issue and at the same time part of the bigger issue.
Expert:  Law Educator, Esq. replied 9 days ago.

Thank you for your reply.

Well, when an employee works for multiple employers and goes on unemployment the state has to determine which one they worked for longest and whether or not they are still working. Again, if they are still earning wages, unemployment should be denied, unless they are making very little money with their other job.

Under CA law, someone is considered "unemployed" during any week in which the person's regular wages, minus $25 or 25% of those wages (whichever is more), is less than he or she would earn as a weekly unemployment benefit. So what that means is if they for example are eligible for the maximum $450 a week in unemployment and their other job pays $300 a week, then CA takes 75% of $300 and subtracts that from $450 (if they get the maximum benefit) and the difference would be what they could get in what is called "partial unemployment." So how much he makes at his other job relative to his benefit mount would be a potential reason they are giving him anything. IF he makes almost nothing at his job compared to his unemployment benefit, then they will give partial unemployment from your account. But if he had another full time employment making the same or more than his unemployment benefit would be, he should get nothing at all.