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I certified correctly for the week ending June 4th or at least I thought I did until... On the 19th of June, I received a notice of an additional payment of $85.12 from my former Employer (long story but I take out an extra hundred dollars for taxes so I did not receive any money in my account, just a notice by snail mail two weeks later) - I had no idea what it was for and wrote the employer. Apparently, they paid me for Monday, May 31st (Memorial Day), I had declared my total earnings the week before - and had already certified the week ending June 4th. I'm an adjunct professor who works at multiple schools.
I called the EDD and got through to them 2 days later and explained that I had no idea I was getting any additional money and that I wanted to pay it back to the EDD - asking if I should declare it the next certification? The woman was curt with me on the phone as if I deliberately did it, and then saying 'no do not do that' but offering little else on the process of how to repay it. I do not want to be penalized or have benefits withheld in the future.
I told her I was doing the right thing here and that she shouldn't be so short with me - I realize they are all overworked, etc., etc. and I told her so - finally, she thanked me for reporting it (albeit coldly) and said, she was taking down what I said and I would receive a letter. I also followed it up with an email via the EDD online site.
It is crazy, that the EDD has no system to allow you to pay back money within a time period should a situation like this happen - that you have to wait and wait, and then from what I've read here online - you will receive a letter with penalties attached that you then have to appeal - All I wanted to do was to find out the process so I could pay it back immediately when I found out about the additional payment two weeks after the fact.
Any advice on this?
Except wait for them? Or is that all I can do? I keep waiting (and hoping) for them to take it out of one of the EDD payments but so far - such is not the case. This has been a very hard year for everyone and yes I know there's a lot of fraud out there - that's why I would have thought they would want people to report things like this and repay like honest citizens should.
Thanks for listening - appreciate any help or guidance of what to expect.
First, you have to determine if the holiday pay was wages and next determine the allocation of the holiday pay. Until you made those determinations as defined by the regulations, you're running around in the dark banging into things and making a mess. All this could be done by you before calling by a simple reading of the unemployment regulations.
EDD doesn't let you pay things back just because until they do all the calculations so they can properly determine if the payments does create an overpayment of benefits. Next they have to decide if this was due to your own failure to follow proper steps (could result in fines and penalties) or if it's an innocent mistake (you get off free). They also don't accept paybacks since if they find out you knew but withheld the info to get an undeserved gain, but had a change of heart, they still want to be able to slap fraud on your action.
In most cases that your described, the wage adjustment will result in a simple non-fraud overpayment taken out of the next benefit check after proper calculation. But, we have seen them slap all sorts of fines, penalties and forfeitures on those who muck it up and causes determination confusion based on the claimants mistaken assumptions about the pay. You will know where you stand once you do your holiday pay determinations to see where it falls within the realm of Holiday Pay with EDD.
First, you have to determine if the holiday pay was wages and next determine the allocation of the holiday pay. Until you made those determinations as defined by the regulations, you're running around in the dark banging into things and making a mess. All this could be done by you before calling by a simple reading of the unemployment regulations.
EDD doesn't let you pay things back just because until they do all the calculations so they can properly determine if the payments does create an overpayment of benefits. Next they have to decide if this was due to your own failure to follow proper steps (could result in fines and penalties) or if it's an innocent mistake (you get off free). They also don't accept paybacks since if they find out you knew but withheld the info to get an undeserved gain, but had a change of heart, they still want to be able to slap fraud on your action.
In most cases that your described, the wage adjustment will result in a simple non-fraud overpayment taken out of the next benefit check after proper calculation. But, we have seen them slap all sorts of fines, penalties and forfeitures on those who muck it up and causes determination confusion based on the claimants mistaken assumptions about the pay. You will know where you stand once you do your holiday pay determinations to see where it falls within the realm of Holiday Pay with EDD.
Thank you for your response. It wasn't due to my failure but an innocent mistake especially in light of laws AB5 and the subsequent AB736 which changed everything for Adjunct Professors (and not always in a good way) - Adjunct pay is called a stipend - that is amortized over the course of the semester. My last week of work was the week prior - the school viewed it as through the end of the month - so, yes they will have to make that determination. I was shocked to get the pay stub from the school. I will just sit tight and must remember that in dealing with any government body - less is more. Thanks again!
Your job classification and pay arrangements is a separate issue from unemployment regulations. Unemployment is concerned with your actual working status as it relates to any holiday pay. When you earned that pay, were you in an employed status or non employed status as defined by Unemployment regulations? That's the key. Even if the allocation of the holiday pay impacts unemployment, did you calculate to see what impact it may have had on full or partial benefits for that period or next period?
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