EDD overpayment notice after working part-time - can I win appeal if rep told me not to report hours?

I'm literally going through almost the EXACT same thing right now!! In my case, I was working about 20 hours a month at a retail job while on UI. The EDD rep also told me during my phone interview that I didn't need to report it if it was under 40 hours per month. Now they want $3900 back from me! The system is BROKEN. My appeal hearing is next month and I'm terrified. Did you request all your case notes from EDD? Sometimes they actually document what they told you in those phone calls.

yikes sorry ur dealing with this. but hate to say it you actually DO have to report ANY work hours no matter how small. the rule is you have to report all work and earnings during your certification period even if you weren't paid yet. its on the certification questions. dunno why the rep told u wrong info

I've helped several clients through these exact appeal situations. Here's what you need to know: 1. Document EVERYTHING for your appeal hearing. Write down the date and time of the call when the representative gave you that information, what exactly was said, and any other details you remember. 2. You can file a California Public Records Act request to obtain your claim notes. This might show if the representative documented the advice they gave you. 3. The legal standard in these cases is whether you had a "good faith belief" that you were following the rules based on information provided by EDD. 4. Even if you lose the appeal, you can request a waiver of overpayment if repaying would cause financial hardship. 5. If possible, bring any documentation showing your part-time work (pay stubs, etc.) to demonstrate you weren't trying to hide anything. Overpayment appeals based on misinformation from representatives are challenging but not impossible to win. The key is documenting that you made a good faith effort to follow the rules as they were explained to you.

I won my appeal in a similar situation last year. The key thing that helped me was I had written down the name of the EDD rep who told me incorrect information, plus the date and time we spoke. During the hearing, the judge was able to see that I had attempted to get accurate information before making my certification decisions. If you're having trouble getting through to EDD to get your case notes or discuss your situation before the hearing, try using Claimyr (claimyr.com). It helped me get through to a real person when I kept hitting the "maximum callers" message for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Good luck with your appeal - make sure you attend the hearing even if you're nervous!

dont stress too much man, the appeals judges r actually way more reasonable than regular edd staff. my cousin had similar thing happen and they reduced his overpayment by like 70% cuz they said he made honest mistake

I work in HR and deal with unemployment issues regularly. Unfortunately, this is a common misunderstanding. Many people confuse the income reporting threshold (where earnings reduce your weekly benefit amount) with whether you need to report work at all. Even if you only work ONE hour, you must report it on your bi-weekly certification. The EDD representative should have made this extremely clear. However, if they truly told you not to report it, that should be part of your appeal. Bring a written timeline of events, any documentation of your work hours/earnings for that period, and be prepared to explain exactly what was said during that phone call. The judge will want to determine if your misreporting was due to fraud (intentional) or misinformation/confusion (unintentional). Based on what you've described, it sounds like a genuine misunderstanding, which should work in your favor during the appeal process.

This happens ALL THE TIME! EDD reps contradict each other and give wrong info constantly!!!! I was told THREE different things by THREE different reps about reporting self-employment income. The system is designed to confuse people then punish them for being confused. It's CRIMINAL how they treat us!!

Update: I spoke with an EDD rep today (finally got through after 2 hours on hold) and they explained that even if I win my appeal, I'll likely still have to pay back some money since I did actually work those hours. But they said the penalty for "willful misrepresentation" might be removed if I can convince the judge I genuinely misunderstood based on the information I was given. My appeal hearing is scheduled for June 3rd. I'm gathering all my documentation and preparing my explanation. Thank you all for the advice and support - it's really helped me understand what I'm facing and how to prepare.