Will my employer know about my employment fraud?

I got laid off of my full-time job 7 months ago and started receiving unemployment for the next 4 months. During this time, I was working an on-call job 1 week a month. Basically, I only got paid when I got called in, probably making maybe $350 a month. I subtracted what I made eachweek when filing but learned that I did it wrong. I filed for what I got in my bank account for the week and not what I actually worked for that week. So, some of the weeks I was overpaid. I didn’t

know I was doing any of this wrong but got a call and a letter in the mail saying that I have committed overpayment fraud and that I owe $3,300, $700 in fraud penalty, plus $15 fraud fees. I have no problem paying back whatever I was overpaid. The problem I have is the charge of fraud when I had no knowledge I was doing this wrong or being overpaid. My biggest concern is that I now have a government job with a security clearance. Will they see this or be told this? I am so worried I will lose this new job that I did 6 weeks of training just to get, especially when none of this was intentional. Will this affect my new job and how likely is it that they will be understanding of me just simply making a mistake and allow me to do repayment without fraud?

Asked on March 24, 2018 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless this case goes to court, there is no public record of it. Accordingly, you should make repayment in full (or repayment arrangements that you keep) ASAP.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If no court case is filed against you--e.g. if you resolve this by repaying (either in a lump sum--preferable, if you can do it, or by entering in a repayment plan they accept) before they get to the point of filing--then there should be no publically searchable record of this.


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