i was in process of applying for extended benefits from my ex employer. i was working less than 30 hours and i qualify for applying for unemployment and it was first time i did it. then i got another job and i quit my last job then i apply for unemployment. i was getting paid by EDD, but i didnt know that i had to put my current employer in as well. when they ask if i am currently working so i put yes. then they say i make too much.which i didnt i always worked part time way less than 30 hours. then they decline my extended benefit and they said i have repay them. because i was working another job while i was getting unemployment benefit check. Please advise , i need lawyer for this.
Employment / Labor Attorney
It's hard to know exactly what your particular situation is, because these types of situations can be complicated. However, from what you have described, it may be that the EDD is trying to recover an overpayment from you because of a false statement or withholding of information from them. It may be that you quit your most recent employment (without good cause) and failed to inform the EDD of that. I know it sounds odd, but that seems to be what the EDD is doing lately. With respect to "making too much," I'm not sure I understand what you mean. Your weekly benefit amount can be reduced by certain earnings of yours during that week, but it is usually based on the amount of the earnings, not on the number of hours you worked. As for receiving benefits while you were working another job, again I think it depends on how much you were making and whether you had informed the EDD that you had the job. The EDD takes seriously a claimant's failure to inform them of certain information in the claimant's possession. That may be what has put you into this overpayment situation. In addition to the amount of the overpayment, the EDD has probably assessed a 30% penalty against you. Although it is hard to do, I have seen situations in which a claimant has convinced the judge to waive the 30% penalty. You may want to talk to an attorney about how to fight this.
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Employment / Labor Attorney
If you received benefits to which you were not entitled, the EDD is entitled to get those benefits back from you. If you failed to inform the EDD of a change in job status of any sort, it is your fault. You will have to pay the benefits back.
If you wish to seek the advice of an attorney, I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Good luck to you.
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