What ot do if I made an inadvertant mistake on UI claim and they called it fraud?

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What ot do if I made an inadvertant mistake on UI claim and they called it fraud?

During a hearing I discovered that I had not completed dates for a contract/self employment job correctly. I did report all earnings which was verified by the employer. Over 3 months I made less that $500 total and my mistake actually made it so I received less benefits so TWC should have owed me. Hearing officer said she must issue a fraud alert. During our time on the phone we went back through all the dates and money and she was given the correct information. She didn’t know if the investigators would do anything with this or not. It has been 8 months and heard nothing. How long should I worry?

Asked on December 14, 2010 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

According to the Texas Workforce Commission (TWC), which is the state's name for the unemployment division, fraud is defined as " knowingly giving false information, or failing to give information, to obtain or increase a benefit." You claim here that it was a mistake on your part and you corrected it with the hearing officer.  But given the charge it can be (a Class A misdemeanor) and the penalty that could be imposed (repay any payments made improperly, cancellation of all remaining benefits; a lien on your property and/or pursue criminal prosecution of fraudulent acts), I might consult with an attorney as to the statute of limitations and the matter in general. Those convicted of fraud in criminal court can receive fines and imprisonment as prescribed in the Texas Penal Code. Get help.  Good luck.


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