Is there a statuate of limitions for CA EDD to send out an overpayment notice? (extension, file)

[overshoulder]

Reading all these stories of getting overpayment notices from CA EDD makes me wonder. If a former employer decides to challenge unemployment, is there a set amount of time for them to do so? Is there a statuate of limitations or is this something I'll need to worry about forever?

[Chyvan]

Originally Posted by overshoulder

is there a set amount of time for them to do so?

Yes. On your Determination of Deputy are listed your appeal rights. The same applies to an employer as does the time frame involved.

[kiae0607]

I collected unemployment benefits for a company that is now out of business. I found out the company was doing fraudulent activities. I have no way of contacting anyone to get proof that I was an employee. EDD is charging me with an overpayment of 56,000$ saying that I provided incorrect information and the employer cannot be verified therefor I never worked there. I've provided all of the reasonable information that I had on the company and appealed the decision, but the appeal was denied. I need help on what I should do. I did not lie about anything on my claim, I did work for the company, the company is out of business so I have no way of proving I worked for them because I never received a w2 to file taxes. Edd waited years to inform me that the employer couldn't be verified(after I had collected all benefits including extensions) if this was an issue I should have been notified early on.

[Chyvan]

Are you still out of work? Is your credit shot? Was this a nonfraud overpayment? If so, think about including it in a bankruptcy filing.

[Ariadne22]

If you received probably 99 weeks' benefits, EUC based this award on some payroll information. Did it all come from you and paystubs you provided?

It was reported here recently that EDD does purge its payroll database after a while, so if you collected based on employment which occurred three or four years ago, any records of your wages reported to EDD might be gone. Hopefully, this has not happened.

Did you file state and federal tax returns reporting this income? Was there withholding from your wages applied to your taxes owed? State of CA Franchise Board might have wage information for you. As well as the IRS and SS databases. Unless your employer failed to report to either of these agencies.

Also, check with the California Secretary of State. Possibly, there is a record of that business.

It might be worth your while to see an attorney on ferreting out how this company was domiciled, if it was registered in the State of California. It didn't just vanish without a trace.

There has to be a record of this company and your earnings from this company somewhere.