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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16367
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I was notified by the EDD that they accidentaly overpaid me

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I was notified by the EDD that they accidentaly overpaid me $3600 and would like those funds back. I used the un-cashed checks as security to move into a rental home and get our power turned on. How can I best structure my reply as I will not have the funds to re-secure those items?
You should tell them about your financial situation and request to structure a repayment plan that will allow you to repay the overpayment in time.
Customer: replied 7 years ago.
A repayment program will only continue to hurt my economic situation. Is there a way to have the overpayment waived due to economic hardship?

Hello. I am another expert here at Just Answer. There is an appeal process that you can apply to have the overpayment waived IF the overpayment was not your fault and there was no fraud or misrepresentation involved. You only have 20 days to appeal the assessment of the overpayment, so you MUST do so quickly. I am attaching an internet link to the Employment Law Center -- this is a page that has a good deal of information on applying for a waiver of the overpayment in California. http://las-elc.org/factsheets/ui-overpayment.html

 

Waivers are not easily granted -- however, there has been a tremendous amount of confusion with payments and claims in all 50 states due to the extended benefits programs instituted by the federal government over the last year or so and all of the states are making more and more mistakes, so you may have a shot at it.

 

I hope that this helps you!

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time.

 

THANK YOU

Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16367
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Legalease and 6 other Employment Law Specialists are ready to help you