Overpayments of Unemployment Insurance
Unemployment Insurance Lawyer
Have you received a notice of overpayment? This is because the Employment Development Department may believe that you received UI benefits which you were not eligible to receive. The notice will set forth the amount you were supposedly overpaid, any associated penalties, why you were overpaid and your appeal rights. The two categories of overpayment are fraud and non-fraud. Obviously, the fraud overpayments imply that you are at fault, and the non-fraud payments imply someone else was at fault. At The Law Offices of Cyrus Mor, we can help you avoid a repayment.
Fraud overpayments involve an allegation that you have provided false information or withheld information which in turn caused you to receive benefits that you would not have been eligible for otherwise. The most common allegations include that you falsified your work searches, that you collected benefits in more than one state, and that you intentionally provided false information about your termination from employment.
The non-fraud overpayment occurs when the EDD has paid you benefits by mistake. These payments may not have to be paid back to the EDD. The notice will state whether or not you have to pay them back.
Overpayment Penalties Defenses
Just because you have received a notice of fraud overpayment, do not assume that you must repay the money to the EDD. By doing so you could unwittingly set yourself up for a criminal prosecution. You could be disqualified from future participation in the UI program, face fines of up to $50,000, and significant jail time. If you receive a notice of fraud overpayment, call an experienced Southern California unemployment law attorney from our firm immediately. The state must show that you intentionally defrauded the system. If you truly believed that you submitted the proper information, if you made a mistake writing down your social security number, or if you didn't realize that you had to report any fact that was omitted, you could be found not guilty of fraud. Please don't delay in call us if you have received an overpayment notice. Contact our Southern California unemployment lawyer today for an
evaluation of your case.