Legal Question in Employment Law in California

I am a high school teacher and was laid off last June. I collected UI for almost a year but in the mean time working here and there taking whatever I could (subbing, teaching a class, etc). I then took a 4-week subbing assignment at the end of the school year that paid more than my UI. Due to the fact that my income exceeded the UI, EDD closed my case. I had to reopen my claim after I finished the 4 weeks to continue the UI. After I got my first check, I got a letter stating that I made a false statement or withheld information. I�m not sure what they mean because I answered all the questions and explained it was a temporary work. Nevertheless, EDD felt that I could still go back to work in the fall when school resumes for the same employer. I was disqualified. A week later I got another letter stating I owe the �overpayment� plus a penalty of more than $100. I can appeal if I want. If I appeal, I will have to go in front of a judge and explain my argument. Since then, I have acquired full-time and contracted employment that is due to start August 30, 2010 (first day of school).

I was a model citizen�I was always completely honest and reported all information, took whatever work I could, and diligently looked for work week after week. When I took the 4-week sub assignment or after the assignment ended, further employment with that school district was never promised to me for the following year. Yes, I�m still on the sub list but work is never a guarantee for a substitute teacher. I received an email confirming that. It said that any available substitute work will be prioritized and given to teachers that were laid off from this school district this year.

My question is should I appeal and take a day off work to attend the hearing? What are my chances that I will win? If I pay without appealing, am I admitting guilt? Does it go on my record? I don�t care about UI anymore since I�ll be working soon but I don�t want to admit guilt because I did everything by the book, and I don�t want to pay the �overpayment� and penalty!


Asked on 8/19/10, 11:53 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You have nothing to lose by appealing, and should do so as long as you believe in good faith that you were and are right. No one can speculate any better than you on the outcome. You can hire an attorney to represent you in the hearing if desired. Listen to his opinion.

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Answered on 8/24/10, 12:14 pm


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