Legal Question in Disability Law in California

I currently have a claim filed the CA EDD. They said that I am currently on a 36 day suspension and cannot receive benefits until I serve this. The reason I am on suspension is due to a previous claim, I guess I had went back to work a day early, accidentally, so they accused me of fraud and making a false statement. I had to pay a fine of about $800 dollars. I am losing six thousand dollars that I don't have and already paid a fine, is this legal? This seems extremely excessive.


Asked on 4/04/12, 10:52 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Yes, it is legal. The EDD has the statutory right to impose penalties and make employees ineligible for benefits when they determine that person committed fraud. The proper procedure to follow, if you did not agree with the decision, was to appeal it within 20 days of the notice. You may have been able to convince an ALJ that the omission was inadvertent and the judge could have relieved you of the penalties imposed. If you failed to appeal, it is too late to do anything about it now.

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Answered on 4/04/12, 11:50 am


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