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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13326
Experience:  19 Years of Legal Practice Experience in this precise field.
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I have been receiving unemployment for about a year now. I

Customer Question

I have been receiving unemployment for about a year now. I was working two jobs which my full time job I got laid off from that is why I got the unemployment. My second job was part time. When I received the papers when I first applied it had my part time jobs name on it and I assumed they knew. I got a letter today for a phone interview and they want to ask what inadequate information I have out and why. Also the name and number of a prior employer which I'm guessing is my part time job. And a receipt of the wages from a prior employer. I didn't know I had to say how muh I was making because they knew I was working there. Why after a year am I now getting this letter to have the interview and why wasn't I told before so I could have filled out the paper correctly? This is my first time applying and getting u employment. I have done everything else correctly though, when I went to school I reported it and of course looked for full time work all the time like I was told to
Submitted: 3 years ago.
Category: Legal
Expert:  Alexia Esq. replied 3 years ago.
Hi, my name is Alexia and I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you. With regard to your post:

I have been receiving unemployment for about a year now. I was working two jobs which my full time job I got laid off from that is why I got the unemployment. OK. My second job was part time. Generally, if low enough, the income from a PT job CAN still allow us to get "partial UI benefits". Whatever amount will bring us up the the full amount we'd have as a benefit rate, after consideration of the income we do have coming in.

 

When I received the papers when I first applied it had my part time jobs name on it and I assumed they knew. Never assume anything.

 

I got a letter today for a phone interview and they want to ask what inadequate information I have out and why. They actually worded it that way? If not, can you please type what they actually said, quoted?

 

Also the name and number of a prior employer which I'm guessing is my part time job. Again, don't guess. When in doubt give them more information than you "guess" that they "may" want, so you can not be accused of misrepresenting a fact. And, if mailing something, always do it certified r.r.r. because the U.S. mail system may be losing much mail.

 

And a receipt of the wages from a prior employer. OK.

 

I didn't know I had to say how muh I was making because they knew I was working there. If the original forms asked you for it, than you needed to put it. Usually, you'll note any ongoing PT employment and they follow up and determine how much your gross benefits should be offset due to the amount of your current income each weak.

 

Why after a year am I now getting this letter to have the interview Hard to say - depends on if you were overpaid or not.

 

and why wasn't I told before so I could have filled out the paper correctly? Are you saying you didn't fill it out correctly? It is not the UI office's duty to become everyone's lawyer when they fill out legal paperwork - if you misread something and didn't intentionally answer something wrong, (and I don't think they will assume it is intentional unless it is clearly so), then there is little chance of being criminally accused of fraud against the state. Usually, they will accept that it was unintentional, and allow you a payment plan to repay the overpayment. Remember, this is only IF you are overpaid. And, this is mid year, they may be simply auditing/confirming that your income and work situation has not changed - and since it has not, assuming there was no misrepresentations on your part initially, this is likely just that - them following up with claimants after a year of receiving benefits. You may also want to have readily available your weekly list of job applications and intereview for your last few months, in case they audit that as well.

 

This is my first time applying and getting u employment. I have done everything else correctly though, I"m still not sure why you think you filled out anything wrong? If it seemed right then, why are you thinking it was wrong?

 

when I went to school I reported it Reported what and why?

 

and of course looked for full time work all the time like I was told to Remember to actually APPLY and keep the contact info and copy of cover letter you sent to each one - it will better support any claims of looking for a job, and allows UI to follow up and confirm. Once they see a few are true, they likely will not communicate with the other employer's you submitted to.

Optional Information:
State/Country relating to question: California


Bottom line - don't panic yet. Audits and checking up are not unusual. And if you think you filled out the info right, you likely did. Did you make weekly/bi-weekly claims to get your benefits and if so,did you accurately report your PT wages each week?

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 3 years ago.
Thank you for your reply.

I know I shouldn't assume anything but because it is my first time I didn't know every 2 weeks when I need to send my paper in marking if I've been looking for a job, been sick or started any type of school or training..I'd have to report my earnings from my other job. I haven't reported anything that is why I think I got this letter for the phone interview. It doesn't say specifically what the interview will be about but here are the questions that made me think it had to be about not reporting because when I did some research people seemed to have been in a similar situation and its considered fraud and you can be prosecuted.

The information you provided to obtain benefits on your unemployment insurance claim.
-What information may have been incorrect or inadequate?
-Why did you give that information?

Your receipt of wages from a prior employment.
-What type of payment did you receive?
-How much was the payment before taxes were taken out?
-What is the name and phone number of the employer making the payment?

Those are the questions that they may be asking. My job that I have now that's part time doesn't know I receive unemployment. I don't want them to be contacted. The job I am receiving unemployment from of course can be contacted or whatever they need because they obviously know I've been getting unemployment.

I wouldn't be so concerned if I had been getting unemployment for a month and this happened. It's been a year and I don't want EDD to think I purposely didn't report my earnings every 2 weeks when I sent my papers in to be trying to get money from two places. I really had no idea I had to do that and misunderstood it.

Basically it's not that I filled anything out the wrong way I've been doing everything I'm supposed to I just haven't reported my earnings for a whole year from my PT job.
Expert:  Alexia Esq. replied 3 years ago.
Hi again, and thank you for your follow up.

With regard to your response:

Thank you for your reply. You are very welcome.

I know I shouldn't assume anything but because it is my first time I didn't know every 2 weeks when I need to send my paper in marking if I've been looking for a job, been sick or started any type of school or training. Didn't you it ask you for that information? And was it a paper form? Or on phone or online??

.I'd have to report my earnings from my other job. Ouch, you didn't think it mattered that you had a job, while asking for UI? If we are working and earning, of course that means we are LESS unemployed than if we were not working, you understand?

I haven't reported anything that is why I think I got this letter for the phone interview. It doesn't say specifically what the interview will be about but here are the questions that made me think it had to be about not reporting because when I did some research people seemed to have been in a similar situation and its considered fraud and you can be prosecuted. Yes, if they believe you did it knowingly. You of course, will likelystress that the form was not clear to you and you thought it pertained to being able to secure a full time job.

The information you provided to obtain benefits on your unemployment insurance claim.
-What information may have been incorrect or inadequate?
-Why did you give that information?

Your receipt of wages from a prior employment.
-What type of payment did you receive?
-How much was the payment before taxes were taken out?
-What is the name and phone number of the employer making the payment?

Those are the questions that they may be asking. My job that I have now that's part time doesn't know I receive unemployment. I don't want them to be contacted. You likely can't stop if it that is what they are going to do. They likely have IRS information on that income by now.

The job I am receiving unemployment from of course can be contacted or whatever they need because they obviously know I've been getting unemployment. There is nothing shameful about collecting on your rights when let go through no fault of your own.

I wouldn't be so concerned if I had been getting unemployment for a month and this happened. It's been a year and I don't want EDD to think I purposely didn't report my earnings every 2 weeks when I sent my papers in to be trying to get money from two places. I really had no idea I had to do that and misunderstood it. Yes, so you may want to deal with it now.

Basically it's not that I filled anything out the wrong way I've been doing everything I'm supposed to I just haven't reported my earnings for a whole year from my PT job. I think that means you gave them incorrect information about your income. Did that question say, "what income did you earn from your most recent full time job" only? Or did it say, "have you had ANY income". Look at it this way, if you had had TWO full time jobs and got laid off from one but kept the other, and you filed a claim to collect, and they said, "did you have any income this week", would it be reasonable to believe you can say NO, even though you did have income this week? Try to look at the language and decide how it was that you came to know that you were not required to report the income you knew you had - and why you thought it only pertained to income you didn't have/lost. In other words, try to explain in a reasonable way why you thought that even if you had other work, you were entitled to unemployment benefits wihtout consideration of your ongoig employment - why you thought that the laying off employer still pays it.

I know it is stressful, you will likely have a sizable overpayment if you were working a high Pt job. But you can get through this. And get another job, even if it is not in your field or up to par with your credentials. Sometimes we do have to do that, reduce our standards when the economy is not so great.

Good luck!

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