Employment Law Questions? Ask an Employment Lawyer.
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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.
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.
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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.
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.
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.