Edd overpayment - I have an appeal today. Please help!!! (receive, apply)

[Mexichk]

I was working for a temp agency and my assignment finished. I started receiving unemployment insurance which was great. About 2 months later I got another temp assignment for 4 weeks. I was told that I did not have to report my wages if it is same previous employer. So, I didn't. My temp assignment finished and I continued getting edd. I then got a phone call and was asked why I did not submit my wages. I told the lady I didn't think I had to. She then asked me many questions and I answered her with the truth. I then got a notice I was overpayed and have to OAU back 2000.00. I have an appeal hearing this afternoon. Is there any way I can win this? Please help!!

[Rabrrita]

Give the ALJ the name, date and time of the employee of unemployment who told you not to report the wages. You probably will be required to pay back any amount you received that you should not have received while working. Hopefully the employee of unemployment who gave you the bad information fesses up and admits it so you don't look like you tried to commit fraud.

[Ariadne22]

You don't state you talked to EDD. What you say is:

I was told that I did not have to report my wages if it is same previous employer.

WHO told you that you didn't have to report current earnings????

WHY would you even ASK this question? Per CA handbook - if you haven't read it yet, download and read:

Did you work or earn any money, WHETHER YOU WERE PAID OR
NOT? -

Look at the date each week begins and ends. Be careful that your
answers in 6a and 6b apply only to the weeks shown on the form. Answer
“yes” if you performed any work during a week. All work and/or earnings
must be reported,

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf

If you just asked "someone," you chose to believe the answer you wanted to hear, and chose not question/doublecheck what any thinking person would logically know is not correct.

"Same previous employer" - in your mind

• is the last temp job you had.

Whereas, anyone who heard your question, understood "same previous employer" to mean:

• the employer who laid you off

There is no way CA will let you off the hook on this overpayment. The very best they might do is not impose a fraud penalty. But, you will be required to repay CA for all benefits to which you were not entitled by submitting claims for the weeks you are unemployed or only work part-time - and NOT receive payment - until CA has recouped its money. If CA does not recoup all its money during the period of this claim, that overpayment will remain to be repaid from any future claims.