Riverside, CA asked in Employment Law for California

Q: Receiving unemployment but still employed. How to resolve?

At the start of Covid my girlfriend's boss was talking about cutting hours/days to save money due to loss of revenue. So we signed her up for CA EDD. She hasn't been cut hours so we never followed through with certifying the weeks in order to actually receive the benifits. She's received two large unemployment checks as if she's been laid off. We havent certified the weeks but they sent the check anyways. What should we do? Also the unemployment checks are several hundred dollars more than her normal paycheck.

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You need to return the checks. Do not cash them. You do not have a legal right to that money, and if you take the money you can be the subject of a reimbursement action where they can seek the money, interest and penalties plus attorney fees.

Good luck to you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.