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California, as with most States, has no statues of limitation on State benefit fraud. Historically, they usually will initiate some action within 15 years after the occurrence, but many have been able to argue away all fines, penalties (except for the actual over-payment) if they show the state knew or should have known of the error and took no action after 7 years. State courts have been good in wiping out anything but he over-payment if the state takes too long to act. However, if there was a blatant false statement on the certification by the claimant, that usually results in no leniency.
If you look back, you'll see people who reported filing for unemployment during this pandemic and discovered a 10 years old over-payment sitting on the books. I had one person I tried to help that had a 14 year old over-payment from routine audit years afterwards. The best we got was repaying the few dollars and the interest and penalty was wiped out. He didn't even know there was an over-payment (moved a few times in that period) and the state couldn't show they told him about it. They caught it about 4 or 5 years after his claim during a routine audit and it just sat their waiting to pop up like that Vegas party picture from 15 years ago that I was told was destroyed cause all of us never wanted to be reminded how wild we could get when the party was set aflame! Anyway, they may act or they may not, you never know and you never know when, if ever!
Yikes! So... I’m assuming this could be considered overpayment considering I didn’t fraudulently answer questions, correct? I did report to EDD that I refused work.
What I would be peeved about is if they come after me months or years later, when if they would’ve done a proper investigation at the time I could’ve made an argument against the suitability of the job opportunity I was offered. I also haven’t heard anything as to whether or not I can sign up for CTB. I reported starting classes as well.
Would the fact that I answered the certification questions honestly be taken into consideration at whatever hearing they may do in the future? I’ve obviously been spending the money on my expenses, but I would like to not be in the hole for thousands of dollars in the future.
Should I call them now and inform them of their error?
An Over-Payment is whenever you received any money that you were not entitled to receive. Fault is not a factor in the actual issuance of an Over-Payment notice.
Fault comes into play when it's being decided if it;s fraud or non-fraud. Non-fraud is when an innocent mistake was made by you or the state. In non-fraud cases, you generally end up only repaying the over-payment and not any interest or penalties. Every non-fraud notice should be appealed if it included any form of payment for interest, or has a penalty attached, includes a forfeiture or anything but just repaying the overage. In almost every case, everything but the actual overage was tossed out because no fraud was involved. When the state make the mistake without anything you had any control over, some have been able to get the state to back off on even the overage, but it takes a special tactical approach so it's usually not worth the effort for most.
In fraud over-payments, the amount of any fine penalty, forfeiture, interest and actions up to and including criminal charges will be based on the degree of the fraud. Generally if a fraud is questionable on intent, we try and help. But if a person knowingly and deliberately enrages in fraud for pure selfish reasons, we let them fry.
Until the State makes a move, generally there's not a lot you can do.
So, if this were to come around later as an overpayment, would I then at that time be allowed to present my argument against the suitability of the position I was offered on 6/19 and my argument as to why I should have been sent a form to fill out to apply for CTB?
I'm really happy to have found this forum. The knowledge you all have has certainly educated me and given me some peace of mind during this craziness. Thanks to Rabrrita, Milezsmilez, and everyone here who has posted responses thus far.
I’ll let you all know if there are any new developments.
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