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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13636
Experience:  Experienced in multiple areas of the law.
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I made an honest mistake and did not report my wages correctly

Customer Question

Hi, i made an honest mistake and did not report my wages correctly for my first week of unemployment benefits i received. The reason i did not report my first week, is because i never received my last check from my company till 3 weeks after i filed. I could not get into the system with my password ***** work to check my last earnings. I did receive a fault overpayment for $135.00, which they have taken out already as an Overpayment Offset for one week. I have also sent the penalty of $20.50 to the UC FUND. They have sent appeal letters with the determination papers. Should i appeal and will i go to jail. I certainly did not do this on purpose, and i immediately got back to them when they questioned why the earnings were not reported. To be honest, i never really understood when to file my first week, and what a waiting week is, which they say i never served. Some advice, would be greatly appreciated. Thank you.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for your question.
Not to worry, in my opinion, no you are not going to go to jail. The people who are prosecuted for unemployment fraud are those who intentionally defraud the system and cost the state thousands. Clearly this was an honest error and the error was only for $135. You've paid back the money and the penalty, which is really what they want, and you fully cooperated.
While you have nothing to lose by filing an appeal, I don't see how you could win. The mistake, while completely honest, was still yours, and you have no evidence that would support a different finding.
I'm sure you understand it now, but a waiting week is exactly that -an unpaid waiting period equal to one week of unemployment benefits. It's standard in many states with unemployment benefits.
If there is any additional information you require, please use the REPLY feature and I'll be happy to assist you. Thank you.

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