If I received unemployment while partially employed because I didn’t realize that this was not OK, will I be arrested or can I make arrangements to pay back the amount I received?

Asked on October 17, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can repay, but remember any arrangements to repay over time i.e. anything other than repaying all at once must be acceptable to both parties, so you can't unilaterally decide how much you'll pay per week or month--instead, you and the unemployment office/labor dept. have to come to an agreement you both accept.
You should not be criminallly liable i.e. not be arrested or charged IF there is no evidence or reason to think that you did not know that you were not entitled to the money at the time you received it. Criminallly liability requires having criminal intent--basically, an intent to take money you know is not yours. If you honestly thought you were entitled to it, you still have to repay it, but accepting it was not a crime. So the issue is what did you know, when what evidence or reason to think, if any, is there to believe that you knew you were not entitled to the money when you received it and what do the authorities believe--do they think and think they can show that you did take the money with criminal intent?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.