What to do about an unemployment pay-back?

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What to do about an unemployment pay-back?

I was looking for full-time work, collecting unemployment, and then decided to go back to school part-time. EDD is telling me that because I went to school while collecting UI, that I may have to pay back the entire year + interest + penalties. I saw on the EDD website that I cannot be disqualified for going to school and collecting UI. I have a phone interview on Tuesday to discuss and for them to make a decision. I was honest and told them I was no longer looking for work and that I was working in my new career. Please advise. Not sure what my rights are. Should I speak with an employment law attorney? In Los Angles County, CA.

Asked on February 25, 2011 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

You need to seek counsel from an attorney in your area that deals with unemployment insurance issues asap and BEFORE you speak with them on the phone.  The key to collecting unmeployment is that you are looking for work and ready, willing and able to work.  You stopped looking and you told them that and they stopped paying and now want money back.  There may be a point in time that you can look at and say this is when I stopped looking for work and may be it was way after you started school (look again at what it says o the website about going to school and collecting).  I just do not think that you should speak with them until you know all your rights. Get help.  Good luck to you.


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