California Unemployment Fraud Penalties

REMEMBER:

IT IS NOT ILLEGAL TO WORK WHILE YOU ARE COLLECTING UNEMPLOYMENT BENEFITS.

You are able to work at a job and make a certain amount of money while still collecting unemployment benefits. When you apply for unemployment, this amount will be determined, and how this works will be explained to you by your unemployment counselor.

ALSO REMEMBER:

IT IS A CRIME TO COLLECT UNEMPLOYMENT BENEFITS WHEN YOU ARE NOT ELIGIBLE FOR THEM

If you willingly collect unemployment benefits when you are not eligible for them, and when you don't meet all the requirements - this is considered unemployment fraud and there are stiff penalties for committing unemployment fraud.

Unemployment Fraud Penalties include some or all of the following:

1. Fine. You may have to pay back the unemployment money you collected (this is called restitution) and pay a large criminal fine.
2. Jail. You may be sent to jail if you are found guilty and convicted of unemployment fraud.
3. Probation.

Still Have Questions?

To go back to the FAQ Page, click here: California Unemployment FAQ

To go the main California Unemployment page, click here: California Unemployment

Maybe We Can Help: 

If you can't find the answer to your question, you can fill out the comment form below and I will answer your question ASAP, or you can ask the The Unemployment Expert or you can post your question in the Unemployment Forum

Comments  

 
# Donna 2011-07-21 22:39
I have collected UI for about 15 months.I did not report my school wages (substitute teaching)in my weekly earnings while collecting UI because I was told by an EDD employee that these earnings were not included in my claim. I also work as a tutor and for the most part these earnings were reported correctly. I am being audited and need to know what I am facing.
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# Megan 2011-12-14 00:27
If i while collecting unemployment benefits i am required to do a jail alternative program instead of being incarcerated can i still receive benefits even though i am not physicaly incarcerated and only required to do a Public Service Program M-F from 730a-430pm? Would it be considered fraud by doing such even though i am still seeking work and available to work but able to complete my sentencing by doing such a program instead of going to jail? I havent began the program yet but inquire prior to starting to see if ill still qualify or not before i start being currently unemployment is my only means of income and keeping a home for myself and my children.
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# Mark D 2012-02-18 02:07
the california unemployment disqualify me from benefit and they sent me a notice of overpayment,
my question is if i appeal and win the case it would be great, but if i lose the case is there any additional penalties for this . and what are all consequences of this problem other than repay the overpayment amount ? is it going to affect my social security backround ?
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# NERVOUS NELL 2012-06-11 13:47
If my spouse was inaccurately reporting how much he was earning from his 100% commission only job without my knowledge will they try to come after me for what he did? The only thing he deposited in our joint account was his pay checks from work but he was apparently depositing the UI in his own private account. I never received ANY of these unemployment benefits. I was unaware that this was going on until I found hidden letters from UI that say he didn't accurately report his earnings from work and he now owes THOUSANDS of dollars and has an upcoming hearing on the matter. Again, I knew NOTHING about this and did not benefit from this money in any way. I am retired and my disability pension is direct deposited into our joint account. We live in the home that I owned before we were married and he is not on my title. Can they try to come after me or my home for what HE did without my knowledge? I am so very afraid right now.
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# Eva 2012-08-11 13:24
I been reciving unemployment for more then 15 months and did not report my vacation pay or a commission what can I expect from the edd on a over pay
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# Robyn 2013-01-04 11:32
I would like to pay my Unemployment Overpayment in California Without having to Pay the Penalty. Is there any way at all to get the Penalty waived if I pay the original Unemployment Overpayment amount? A judgment has already been filed a while ago and no appeal was made at that time because I was unaware of my rights. Can some type of Lawyer help me or a Debt Consolidator help me? Can anyone assist me. I have already spoken to a representative at Unemployment and they notified me that they do not Settle nor do they Waive Penalties Ever! There has to be a way to at least fight the Penalty? Any Help would be appreciated.
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# Z Black 2013-01-15 19:34
If you have only been in business for a couple months and someone files unemployment, who pays for unemployment if it's more than what is in your ui account?
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# chawky 2013-05-17 20:06
i was fired for no raison from my job , and i report it as a laid off to the EDD , and they stop my payment because my employer report me as fired . is that considered as a fraud and then i will lose my umployement benificts and may be face a criminal charges , please help i am so worry
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