My question involves labor and employment law for the state of: California
I hope this is in the correct category. Anyways, last night I received mail from unemployment accusing me of willfully lying to them, and and telling me I owe them $4000 plus a $1200 penalty. I am completely confused by this.
To keep it as short as possible:
In January of this year, I got injured and ended up losing a new job that I was supposed to do some traveling with in order to begin. I was injured and not able to get out of bed at all, and they ended up going with another candidate. At the end of January, I applied for disability. As I got medical treatment and rest, I stared to feel back to normal and decided to let disability know that I had recovered. At this time, my claim was never approved so I never actually received payment from them. I called and let them know that I had recovered and was going to look for a job. This was in the beginning of March. This is when I applied for unemployment. I talked to unemployment and let them know that I had lost my job due to an injury, but that I had recovered and was ready to work. They checked it all out and approved me. I received unemployment benefits from March 16th to July 4th. During this time I was applying everywhere and attending interviews. I fully intended to go back to work. I had not heard from disability at all and figured it was forgotten or that due to my inactivity in the claim, that the claim was dropped.
On July 10, I ended up re-injuring myself while working out. I immediately told unemployment that I had hurt myself and stopped collecting benefits from them. I was advised from a friend to start up with disability again since I was injured and unable to work. I went to disability, and I asked if I could start a new claim. They told me that my previous claim had gotten lost in the system, and that as long as it was the same injury (it was), that it would be easier to continue with this claim from February. I asked if that would cause an issue with unemployment, and they said that they would "block out" the time I was on unemployment and the payments would begin on July 10th. They told me to notify unemployment which I did, and I figured it was all squared away. I did not recieve ANY back pay from disabilty at all. And I would never expect to.
I have now received this letter that unemployment is accusing me of lying to them, and basically saying that I was injured and unable to work the whole time. This is not true. If I had been injured the whole time I wouldn't have bothered with unemployment. I would have just gone on disability. I don't understand how they came to this conclusion. I have copies of many of the applications I submitted online including letters for interviews that I attended. I was clearly looking for work and not injured at the time.
I am planning on appealing but I am unsure of what I need to do. Will I have a hearing, or could I write them a letter explaining this situation further and get it taken care of that way? Advice would be appreciated. Thanks so much.
I hope this is in the correct category. Anyways, last night I received mail from unemployment accusing me of willfully lying to them, and and telling me I owe them $4000 plus a $1200 penalty. I am completely confused by this.
To keep it as short as possible:
In January of this year, I got injured and ended up losing a new job that I was supposed to do some traveling with in order to begin. I was injured and not able to get out of bed at all, and they ended up going with another candidate. At the end of January, I applied for disability. As I got medical treatment and rest, I stared to feel back to normal and decided to let disability know that I had recovered. At this time, my claim was never approved so I never actually received payment from them. I called and let them know that I had recovered and was going to look for a job. This was in the beginning of March. This is when I applied for unemployment. I talked to unemployment and let them know that I had lost my job due to an injury, but that I had recovered and was ready to work. They checked it all out and approved me. I received unemployment benefits from March 16th to July 4th. During this time I was applying everywhere and attending interviews. I fully intended to go back to work. I had not heard from disability at all and figured it was forgotten or that due to my inactivity in the claim, that the claim was dropped.
On July 10, I ended up re-injuring myself while working out. I immediately told unemployment that I had hurt myself and stopped collecting benefits from them. I was advised from a friend to start up with disability again since I was injured and unable to work. I went to disability, and I asked if I could start a new claim. They told me that my previous claim had gotten lost in the system, and that as long as it was the same injury (it was), that it would be easier to continue with this claim from February. I asked if that would cause an issue with unemployment, and they said that they would "block out" the time I was on unemployment and the payments would begin on July 10th. They told me to notify unemployment which I did, and I figured it was all squared away. I did not recieve ANY back pay from disabilty at all. And I would never expect to.
I have now received this letter that unemployment is accusing me of lying to them, and basically saying that I was injured and unable to work the whole time. This is not true. If I had been injured the whole time I wouldn't have bothered with unemployment. I would have just gone on disability. I don't understand how they came to this conclusion. I have copies of many of the applications I submitted online including letters for interviews that I attended. I was clearly looking for work and not injured at the time.
I am planning on appealing but I am unsure of what I need to do. Will I have a hearing, or could I write them a letter explaining this situation further and get it taken care of that way? Advice would be appreciated. Thanks so much.
Denial & Appeals: Unemployment Overpayment ( Fraud )
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