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I filed my last uneployment claim wrong. I applied for a part

time job ( 16hr/week )...
I filed my last uneployment claim wrong. I applied for a part time job ( 16hr/week ). I started my job a week before I was filing my last unemployment claim. When I started my employer said that he is going to give me the paperwork to fill out later possibly a week later (?). So I filed my unemployment because that I wasn't sure that I was going to be hired and I was not sure about the amount that I was going to get at that time. Now I got a letter from Unemployment Insurance that I was filing for benefits while I was working. I have received $ 370 from them and I made $ 402 for that period of time. I have called the Unemployment Insurance to explain what happened but they said they cannot do anything until they get information from my current employer. I am willing to pay back the full amount I had recieved but I am not sure that this act would resolve the problem. I've read a lot of things about similar cases that people went to jail for. Please tell me what to do or what to expect or any advise. Thank you, Katie
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Answered in 5 minutes by:
9/7/2013
Allen M., Esq.
Category: Criminal Law
Satisfied Customers: 19,342
Experience: Criminal law experience in both JAG and the civilian sector.
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Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

The cases that you've read about, where people went to jail, have very different fact scenarios from yours. In those situations, the people worked the entire time they received unemployment. They made no effort to report their earnings at all and intentionally engaged in fraud in order to get both unemployment and their income.

In this situation, you are talking about one week of overlapping earnings and unemployment that you attempted to report correctly but failed. It can be considered a legitimate clerical or reporting error.

The most likely result is that they demand repayment for the overlapped week, with interest. They might consider disqualifying you for unemployment for a couple of weeks, in the future, as another punishment.

On these facts, though, this is just not the type of situation where they try to make it into a criminal charge.'

You can't do anything now but wait for unemployment to receive the independent start date and payment information from the employer. They don't want that information from you. Once they have that, they'll approach you and tell you what they have and ask for an explanation. Be honest, helpful and prepared to pay back the benefits as quickly as possible and you should be fine.
Allen M., Esq.
Category: Criminal Law
Satisfied Customers: 19,342
Experience: Criminal law experience in both JAG and the civilian sector.
Verified
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Allen M., Esq.
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Experience: Criminal law experience in both JAG and the civilian sector.

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