Criminal Law Questions? Ask a Criminal Lawyer.
For millions of Americans, unemployment benefits are critical to keep their families going. When you register for unemployment benefits, your application is a legal document that entitles you to compensation often on the conditions that you are currently unemployed, fit to work, and will seek work. Any incorrect information about your work status or details in your application can be construed as misrepresentation of facts to commit unemployment fraud, which could lead to criminal proceedings.
So, what is unemployment fraud? Many have benefited from asking experts on JustAnswer for fast and affordable answers. Here are the top questions answered by Lawyers on JustAnswer.
You may be guilty of unemployment insurance fraud if you hold back information from or give false information to the Department of Labour. You must report the true reason you were released from employment. If you work while receiving benefits, you must report all full-time and part-time employment to the Labour Department or you could risk criminal penalties.
If, for no fault of your own, you have received benefits to which you are not entitled, you may not have to repay a non-fraudulent overpayment depending on your circumstances. However, you may receive a notice telling you if the overpayment must be repaid. Whether you have to repay the overpayment or not can also depend on the specifics of your case. If you are not sure what you should do, you can ask a Criminal Lawyer.
Usually both unemployment fraud penalties and overpayment must be repaid. If you are convicted for receiving benefits by giving false information, it could include a financial penalty to the extent of 30% of the overpayment and a false statement disqualification of 5 to 23 weeks.
If you receive a notice and do not repay your overpayment promptly, EDD may deduct the money owed from your future weekly unemployment or state insurance benefits. EDD may also reduce or totally withhold your state income tax refunds, lottery winnings, or any other money owed to you by the state. It could also file a claim against you in court, charge you court costs and interest, and record a lien on your property. In some cases, prosecution can be initiated with arrest.
In a majority of unemployment compensation fraud cases, when a person makes full restitution for the overpayment, the chances of prosecution are drastically reduced, and generally they are not prosecuted. But, you would need an attorney to negotiate a payment plan with EDD as they will usually not negotiate this directly with you.
You only get a criminal record if you end up getting convicted. The decision to prosecute is at the sole discretion of the director of the agency. However, if the money is returned, the State has much less ground to pursue a claim. If you have more questions on the penalty for overpayment and unemployment fraud, ask a Lawyer on JustAnswer.
Yes. The chances of no prosecution or prosecution with a more lenient result are far greater if a person self-reports and has the money to pay back on-the-spot or through a repayment plan. It is best to have a criminal defence attorney to help handle the self-reporting to make sure that there are no misrepresentations when you file — such as, your disclosure being construed as confession to fraud.
You are allowed to work part-time while receiving benefits. If you work less than four days in a week, you may receive partial benefits. Each day or part of a day of work could result in your weekly benefit rate being reduced. Receiving partial benefits extends the length of time you may collect benefits until you receive your maximum benefit amount or until your benefit year ends, whichever comes first.
You could be considered to be employed if you are engaged in operating or starting a business either by yourself, with a partner or in a corporate arrangement. Time spent during the day or evening or on weekends preparing to start or actually operating a business may be considered employment even though no sales are made nor any compensation received.
Unemployment fraud is a serious offence that can even result in imprisonment. As citizens, the onus of being on the right side of the law is normally on us. With the laws differing from state to state and by circumstances, it can be difficult to be legally well informed at all times. Consulting a lawyer can be both expensive and time consuming. An option is to ask a lawyer on JustAnswer – you get quick answers, expert insights and can get recommended legal action.
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