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USTaxAdvising
USTaxAdvising, CPA
Category: Tax
Satisfied Customers: 1237
Experience:  US Taxation specialist.
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Need a California EDD specialist. Question about timing of

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Need a California EDD specialist. Question about timing of filings.
I have some experience with the EDD. How can I help?
Customer: replied 4 years ago.
I had an unfortunate experience a couple of years ago whereby my new employer decided I would provide my first two weeks services as a Vice President 'gratis', without my approval. Eighteen months later I was looking down the barrel of a retaliatory termination for giving him a demand letter for the $80,000 he owes me. I took it to the CA labor board to deferred it to my filing a civil action, which is in the works. Accordingly this took me into foreclosure on my home of 18 years, which I eventually worked my way out of. However, upon being terminated I immediately went out of state for about six weeks, as 70% of my particular expertise, are employed in Texas. As such I didn't formally file for UI monies until I returned as the CA EDD does NOT support the required facilities to file from out of state. Ultimately after securing new employment, and having little confidence in not being foreclosed on at the time (the house was scheduled to be auctioned off on the courthouse steps) I continued to file for UI monies for those additional six weeks. In retrospect I only filed for the number of weeks I qualified for. Now they want those monies back, with a 30% penalty. How can I get this fixed? Thank you.

So if I understand correctly you became unemployed in California and filed for UI. You received unemployment income from the EDD. Now the EDD is requesting the money back plus a 30% penalty. Correct?

 

Were you working in Texas at the time you claimed unemployment from CA?

 

 

Customer: replied 4 years ago.
Upon becoming unemployed in CA I immediately went out of state to pursue gainful employment, primarily in TX for six weeks. Upon returning to CA I filed for unemployment. I had four weeks severance so two weeks qualified for unemployment monies. Upon becoming employed again, in CA, I filed two weeks of UI monies after becoming employed, but not having been paid yet, effectively claiming the accurate number of weeks I qualified for. Now they want those two weeks monies back plus a 30% penalty. I never took up residence nor employment in TX. Thank you.

OK now I understand the facts. You left CA for six weeks after employment terminated. You received 4 weeks of severance. You applied for and received two weeks of UI from the EDD.

 

I would agree with you that something is wrong. The EDD must have given you a reason for the return of the benefits. Did the EDD give you a reason why?

 

There are a plethora of reasons why they could be collecting so in order to best assist you I need to know what reason they have provided. If you can get back to me on that I should be able to better assist.

 

Thanks.

best regards,

 

Customer: replied 4 years ago.
I had gained full time employment, and effectively these two weeks on the back end, overlapped (filing for EDD monies and employment). However, the true number of weeks I filed, and qualified for, are accurate. Inaccessibility to their resources, i.e. phone system from Texas, caused the delay in my ability to properly file with CA EDD for unemployment benefits. It is impossible to get thru to EDD CA by way of phone, which is unacceptable. If the service isn't available with some degree of reliability, disqualify it, or discontinue it. Don't penalize people who are willing to bust their derriere and travel out of state to gain employment. Thank you.

Ok I think I understand the facts a little more clearly.

 

I had gained full time employment, and effectively these two weeks on the back end, overlapped (filing for EDD monies and employment). - if you were employed for the two weeks which you received UI from the EDD then the EDD has a solid case. You cannot qualify for UI benefits if you are employed.

 

I agree that the accessibility to the claims system should be available nationwide. I don't think you are being charged with the return of the benefits because you did not timely report the claims. Based on your response above I believe the EDD is requesting the benefits back because you were employed during this time period.

 

Based on your facts I believe you would be entitled to 3 weeks of UI benefits. You were unemployed for a total of 4 weeks. You have a one week waiting period before claims can be made, therefore a total of 3 weeks should be allowed for benefits.

 

Please let me know if I am missing something. I believe the EDD is correct about the return of the benefits for the two weeks that you were in fact employed. I would also agree with the penalty. You knew that you were employed during this time period and you still accepted the funds. (Sorry to be blunt here but these are the facts)

 

Please let me know if I can assist further. The EDD probably has a valid claim against you. If you did not receive 3 weeks of benefits then I think that you would have a claim with the EDD.

 

Best regards,

 

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