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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Ive been on unemployment since early last year. When I got

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I've been on unemployment since early last year. When I got my 1099's last week and checked them against my records, I'm worried that I inadvertently failed to report some income on my claim forms. I'm also worried I may in some cases have reported some hours worked on the wrong week's claim form. The gross underreporting could be as much as $700 (of course I stupidly neglected to keep a copy of my claim forms).

My instinct is to self-report the situation to EDD to show good faith. I have a decent amount of gross 1099 from prior to the start of my unemployment claim, so I have no doubt they will be investigating this sooner or later. I'm a lawyer myself, and cannot afford to have any finding of intentional fraud (nor did I commit any). Does EDD even have a procedure to self-report this kind of thing?

Employment-LawExpert :

Hello and thank you for your question today. Are you online with me?

Employment-LawExpert :

The EDD will only find fraud in a situation where they have to discover as their standard is that you intentionally tried to deceive them. By self reporting, you will be able to protect themselves. You can do this by calling(NNN) NNN-NNNNand providing the necessary information.

I apologize as there seems to be a slight problem with live chat. Please disregard the above response as it is incomplete.

A fraudulent overpayment occurs when a claimant knowingly gives false information or withholds information and receive benefits that they should not have received. Specifically, California Unemployment Insurance Code 2101 states:

"It is a violation of this chapter to willfully make a false statement or representation, to knowingly fail to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment..."

With a fraudulent overpayment, the claimant is assessed a penalty in the amount of 30% of the amount of the overpayment and a false statement disqualification of 5 to 23 weeks. Fraud overpayments and penalties must be repaid.

While it is possible that they will still fine you the 30% penalty, it is highly unlikely that they will refer the matter to the District Attorney if you self report.

There is a specific number to the EDD Benefit Overpayment Collection Section which can be reached at(NNN) NNN-NNNN You can also call the general number at(NNN) NNN-NNNN

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. and other California Employment Law Specialists are ready to help you