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  1. #1
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    Aug 2011
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    Default California Unemployment Reversed and Payments Demanded Back

    My question involves unemployment benefits for the state of: California

    I was fired by a temp agency and granted unemployment insurance. The temp agency appealed, stating that I had quit. Their appeal was rejected and their decision stated that it was a misunderstanding and still qualified. The temp agency appealed again and the court reversed their decision and is now demanding their money back. How can I fight this decision?

  2. #2
    Join Date
    Sep 2005
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    Default Re: California Unemployment Reversed and Payments Demanded Back

    Read this.
    Quote Quoting How can I show that having to repay the overpaid benefits would be unfair?
    The best way to show that it would be unfair to have to repay the overpaid benefits is to show that repayment would cause you great economic hardship, because you believed you were entitled to the unemployment benefits checks and relied on them to meet your basic financial needs. For example, if you signed a lease for an apartment or a car that you otherwise could not afford, it would be unfair for the EDD to make you repay the benefits. It also helps prove economic hardship if you can show that you need all, or most, of your current income and/or savings to meet your basic living expenses. To show this to the ALJ clearly, you should bring to the hearing a monthly budget detailing all your income and expenses. If you know that you will soon have additional expenses, like a new child or medical bills, be sure and include these expenses in your budget.
    Quote Quoting What happens if I lose the hearing?
    If the ALJ refuses to waive your overpayment you can further appeal the decision to the CUIAB and, if necessary, to the County Court using the same procedures as in any other appeal. (For more information about further appeals, see our Do-It-Yourself Guide to Unemployment Insurance Benefits.) If you do not appeal further, or you lose further appeals, the EDD will ask you to repay the overpaid amount. As mentioned earlier, if the EDD believes you were not at fault in causing the overpayment, the EDD will usually send a Financial Statement form.

    This Financial Statement helps the EDD decide how much money to ask you to repay. You should complete this Financial Statement and return it to the EDD as soon as possible, because the EDD may use this information to reduce or forgive the repayment amount. If the EDD does not send you a Financial Statement form, you can expect the EDD to attempt to collect from you the entire overpaid amount.

    The EDD usually collects overpayments in one or more of the following ways:

    • arranging with you to make monthly payments; or,
    • taking it from future unemployment or disability benefits checks; or,
    • taking it from state tax refunds; or,
    • filing a lawsuit in order to be allowed to take it from other income and assets.

    The EDD can collect this overpaid amount by taking it from future unemployment/disability checks or state tax refunds for a period of time that can last up to 6 years. If the EDD wants to use more severe methods, like taking repayment from your other income or assets, the EDD must file a lawsuit against you within 1 year of the final overpayment decision. Otherwise, if the EDD takes no action and you do not file any new claims for unemployment or disability benefits, your overpayment will automatically be waived after a period of 3 years.

    If you choose to arrange to make monthly payments to the EDD, you may be asked to sign a written agreement to confirm this. You do not need to sign this agreement and, in fact, signing it can work against you because signing an agreement will give the EDD additional time to file a lawsuit against you for failing to repay the amount as planned. If you do not sign an agreement, the EDD has only 1 year to file a lawsuit against you to collect repayment through more severe methods. If you do sign a repayment agreement, the EDD has 4 years from the signing of that agreement to file a lawsuit against you for repayment.

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