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  1. #1
    Join Date
    Feb 2011
    Posts
    5

    Default Claiming Unemployment While Working

    My question involves unemployment benefits for the state of: CA

    Here's the deal... I started my unemployment on June 2010 and basically, I ran out of benefits by the end of Oct, early Nov. They sent me a letter saying that I'm legible for extension. I received the new claim by the 2nd last week of Nov. Now, here's the part that I'm worried about... I started my new job(part time) on Nov 30th and I've already received my first unemployment check at the time I started and cashed it out. I'm still getting claim forms until this day and getting unemployment checks and still working as a part time but getting full time hours. Is this illegal? Am I going to get introuble? Please help me out.... I don't know what to do, this is my first time doing unemployment and it's very complicated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,931

    Default Re: Q: Claiming Unemployment While Working

    Are you claiming your earnings?

  3. #3
    Join Date
    Feb 2011
    Posts
    5

    Default Re: Q: Claiming Unemployment While Working

    No I haven't claimed any earnings ever since I started. Shouldn't they know that I'm working already though?

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Q: Claiming Unemployment While Working

    They know about your 4th quarter earnings, but they won't know WHEN during 4th quarter you worked until they send to, and get back, the audit form to your employer. They won't know about your first quarter 2011 earnings until they process the 1st quarter wage reports, which aren't even due until April 30.

    Are you claiming your earnings from your part-time job? You are required to do so.

  5. #5
    Join Date
    Feb 2011
    Posts
    5

    Default Re: Q: Claiming Unemployment While Working

    No I haven't claimed my earnings from my part time job. So what's the best thing to do? Should I just stop sending my claim forms?

  6. #6
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Q: Claiming Unemployment While Working

    Quote Quoting RGZ
    View Post
    No I haven't claimed my earnings from my part time job. So what's the best thing to do? Should I just stop sending my claim forms?
    It's a bit late to be asking the question. You already illegally filed claims with incorrect information. Did you miss the question where they asked "have you worked this week?" "did you have any income from working?" or some such question?

    I would suggest it would be better to be proactive about this and tell them you screwed up big time and deal with it now rather than later. At lease now you can argue it was an ignorant error and once you discovered your mistake, you took action to correct it. If they discover it later, they will likely be less believing of such a claim.

  7. #7
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Q: Claiming Unemployment While Working

    Agree with jk. It will be much better for you if you come clean now rather than later, because it WILL be caught. You are expected to read the information sent to you when you file for benefits.

  8. #8
    Join Date
    Feb 2011
    Posts
    5

    Default Re: Q: Claiming Unemployment While Working

    How would they find out though? I only have $600 left.

  9. #9
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Q: Claiming Unemployment While Working

    Quote Quoting RGZ
    View Post
    How would they find out though? I only have $600 left.
    Your earnings get reported to the state. Once it is realized you had earnings and unemployment income at the same time, they will check to see if you reported your income. When that is discovered, you will get a nice invitation to explain that to them. When it is realized you earned income and failed to report it, they start determining how much money you owe them and if there are any other penalties that are appropriate.

    not sure what you mean by you only have $600 left. If you mean there are only $600 of benefits left, that is irrelevant. If you mean that is how much cash you have in your pocket, that is irrelevant.

  10. #10
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Q: Claiming Unemployment While Working

    In California, here's how it works.

    Once the quarterly wage report has been filed by your employer (it's due the end of the month following the end of the quarter), the state cross-references that with benefits paid during the quarter. Then they send a "request" (return of the form is required by law) requiring the employer to tell them what days and weeks the claimant worked, and how much money was earned that week. Agreed, it takes a while, but it WILL be discovered eventually. And you WILL have to pay it back. And it MAY be considered fraud, which incurs additional penalties.

    It was very unwise of you not to read the booklet the state sent you and comply with the requirements.

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