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This is my first time filing for unemployment. So I have been trying to get in contact with the EDD through phone and by email for the past 2 weeks but they haven't responded. I know with how the covid thing is going, everything is a bit crazy at the moment.
So long story short, while I was filling out the form for certifying my hours for reporting my hours worked, I under-reported by 2 hours since I didn't realize my employer added on 2 additional hours of work. I found out after clarifying with her and looking at the paycheck I received. I am so scared of being labeled as committing fraud that I haven't even touched the money they sent to my EDD debit card.
I just got another form to verify my hours for the next set of weeks I have worked. Should I over-report and add on those 2 extra hours to compensate? This time I waited until I got my paycheck so that I can confirm how much I was paid.
This is my first time filing for unemployment. So I have been trying to get in contact with the EDD through phone and by email for the past 2 weeks but they haven't responded. I know with how the covid thing is going, everything is a bit crazy at the moment.
So long story short, while I was filling out the form for certifying my hours for reporting my hours worked, I under-reported by 2 hours since I didn't realize my employer added on 2 additional hours of work. I found out after clarifying with her and looking at the paycheck I received. I am so scared of being labeled as committing fraud that I haven't even touched the money they sent to my EDD debit card.
I just got another form to verify my hours for the next set of weeks I have worked. Should I over-report and add on those 2 extra hours to compensate? This time I waited until I got my paycheck so that I can confirm how much I was paid.
Yes I would report those 2 hrs when you claim this week. You did a good faith estimate when you certified last week. It will not be a fraud penalty as you can easily explain that you did not have paycheck in hand and did not know you were being paid for those 2 hours. And with all the confusion right now with so many people getting vacation, PTO, etc. after all the lay offs it's very understandable.
Additionally since employers are required to submit an "Employer Report of Wages Paid” on a quarterly basis to state department of labor/unemployment if you add back the 2 hrs this week your total wages for the quarter should "match" what your employer submitted. And since the new quarter just started, the 2nd quarter (April - June) won't be due until July 30th (my state (NJ)'s is due 30 days after the end of the quarter).
I think you will be fine. Just keep all pay documentation and what you've listed as earnings each week that you claim. Don't forget your earnings reported should be gross earnings.
From CA EDD website
What to Do If You Think You Have Accidentally Committed Fraud
If you think you may have accidentally committed UI fraud, contact us immediately by phone, by mail, or online.
.. since phones are jammed, maybe try submitting online and keeping confirmation that you emailed it just as a CYA, but still report the 2 hrs this week.
Last edited by scraprsmith; 04-23-2020 at 08:13 PM..
I was waiting for my next paycheck to certify for my next set of hours week 3 and week 4 and I was planning on adding on the 2 extra hours like I stated before, BUT the EDD website updated somehow and updated my claim and automatically filled out the certification for me and I don't know how that happened.
When I went to the claims tab, it said I certified by "Paper". I DIDN'T MAIL ANYTHING.
I literally saw the ability to certify on FRIDAY before the website went down and received my paycheck on Saturday and was going to fill out my certification.
I definitely know the EDD overpayed me. What should I do?
I already wrote another email stating on record that I did not certify by paper and was planning on certifying online. Is there anything else I should do?
I was waiting for my next paycheck to certify for my next set of hours week 3 and week 4 and I was planning on adding on the 2 extra hours like I stated before, BUT the EDD website updated somehow and updated my claim and automatically filled out the certification for me and I don't know how that happened.
When I went to the claims tab, it said I certified by "Paper". I DIDN'T MAIL ANYTHING.
I literally saw the ability to certify on FRIDAY before the website went down and received my paycheck on Saturday and was going to fill out my certification.
I definitely know the EDD overpayed me. What should I do?
I already wrote another email stating on record that I did not certify by paper and was planning on certifying online. Is there anything else I should do?
One of the risks you run when waiting late in the week to claim your week (always potential for online system to have a glitch). Maybe it automatically does the paper option since the system saw you didn't claim for the week by the end of the week? Not sure what your option is at this point.
Just remembered this was mentioned the other day. maybe this is why you can't claim your week.
Certifying for weeks ending march 14 through may 9, 2020
Based on the persistent inability of claimants to access the ui onlinesm system during this time period, if your ui benefit certification form has dates for weeks ending march 14 through may 9, you do not need to certify or recertify for ui benefits. For these weeks, this means:
After you initiate your ui claim and are determined eligible, you do not need to provide any certification for your first benefit payment or continuing biweekly payments.
You will automatically receive your benefits, unless you have an existing disqualification or pending issue.
You will be required to provide information to the edd if you worked during any of these weeks.
The failure to provide the edd with information that you worked during these weeks may result in an overpayment that the edd must later recover.
In the steps for receiving ui benefits, this means after you apply (step 1), we will take care of step 2 for you for the weeks ending march 14 through may 9, based on the persistent inability of claimants to access the ui online system during this time period. You will be required to inform the edd if you work during these weeks through ask edd by selecting unemployment insurance benefits, then payments, and then edd paid me and i returned to work, need to report wages.
EDD just updated the info so basically everyone that is applying for unemployment is automatically going to get the full reward unless otherwise stated and the EDD will recollect any overpayment afterwards once the crisis is over. (smart on their part since alot of people are in panic for their financial situation)
I already submitted the info for my weekly by going to where you suggested. Hopefully this solves my issue
I am going to hold onto my pay stubs just to be safe though if anything happens. Thank you for all the help by the way!
I was able to call a representative, but they said they couldn't change my claim at this time and said they are going to schedule me for an interview. I'm afraid they are trying to get me to admit to a false statement?
What evidence should I present that I didn't willfully mean to under-report?
I have emails that I sent from UI online. Will the interviewer have access to those emails to see that I clearly did not mean to under-report. In every email I sent, I specifically said multiple times "it is not my intention to fraud EDD and will gladly rectify any issues"
I have no issues paying the overpayment or the fees. I just don't want to be penalized for weeks. Since these next few months are crucial in saving me since we get an additional $600 from the stimulus package
Last edited by nursing90210; 05-02-2020 at 12:38 AM..
I've just read horror stories that the interviewer doesn't believe or that they do but they still make you jump through all the hoops to get everything undone. I know that if I ever need to appeal, chances are the judges will clearly see it was an honest mistake, but I just hope I don't have to go through all of it to get there. Especially since the pandemic has started and I know there will be delays in getting appeals, I might not be in a good financial situation to appeal if somehow I get the penalty weeks.
I've just read horror stories that the interviewer doesn't believe or that they do but they still make you jump through all the hoops to get everything undone. I know that if I ever need to appeal, chances are the judges will clearly see it was an honest mistake, but I just hope I don't have to go through all of it to get there. Especially since the pandemic has started and I know there will be delays in getting appeals, I might not be in a good financial situation to appeal if somehow I get the penalty weeks.
Link with thread that has good advice re: on your situation. I think you will be fine and are anticipating a problem when they're probably won't be one.
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