Will EDD overpayment fraud flag show on background checks or criminal records?

Thank you for explaining the difference, that helps a bit. Have you had experience with this? I'm still worried they might decide to press charges since it's marked fraudulent.

That's really reassuring, thank you. I had no idea there was such a difference between administrative and criminal fraud. I'll focus on setting up a payment plan then.

Your cousin probably had other issues. Bank background checks can't see EDD administrative decisions unless there was an actual criminal charge filed. They might have had bad credit from not paying the overpayment, which banks DO check.

I have to disagree. EDD doesn't share administrative decisions with credit bureaus or background check companies. Your cousin either had a criminal charge filed, credit problems, or was denied for another reason entirely.

Thank you so much for sharing your experience - that's incredibly helpful! The notice came last week so I still have time to appeal. Did you have to provide any specific documentation for your appeal?

I included pay stubs from both jobs showing how the confusion could happen, plus a written explanation. Most importantly, I admitted the mistake but explained why it wasn't intentional fraud. They dropped the fraud designation but I still had to repay the overpayment.

Thanks for the reassurance. Did they offer you a payment plan or did you have to pay it all at once?

Try using Claimyr (claimyr.com) - it's a service that helps you get through to EDD representatives without the endless redial game. I was skeptical at first but it actually worked for my overpayment issue. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It's definitely worth it when you need to actually speak to someone at EDD about complex issues like fraud determinations or appeals.

I had no idea about penalty weeks! That's definitely something I want to avoid. I'm going to start working on the appeal letter today.

That's really smart. I wish I had done that from the beginning. I was so stressed juggling two jobs that I didn't keep good enough records of my hours. Definitely a lesson learned the hard way.

Thank you for the specific wording advice! I'll definitely use those exact phrases in my appeal letter.

This is incredibly detailed and helpful advice - thank you so much! I really appreciate the legal perspective. You're right that I should be completely transparent about what happened. I was definitely overthinking how to word things, but being honest about the confusion between my two jobs makes the most sense. I'm going to start working on the written appeal today and will also call to set up a payment plan. It's reassuring to know that EDD actually prefers when people are upfront about their mistakes rather than trying to hide them.

Thank you so much for sharing your experience! It's really comforting to hear from someone who went through almost the exact same situation. The stress has been keeping me up at night, but knowing that you successfully appealed and that it hasn't affected your employment opportunities gives me hope. I'm definitely going to focus on gathering my pay stubs and creating that clear timeline like you mentioned. Did you have to include anything else with your appeal besides the pay stubs and timeline?

I'm so glad I found this thread! I'm dealing with a very similar situation - got hit with a $5,200 overpayment and fraud designation because I messed up reporting my commission earnings from a sales job. The irregular pay schedule made it really confusing to figure out which week to report earnings in. Reading everyone's experiences here, especially yours @Amara Torres, has been incredibly reassuring. I was panicking thinking this would destroy my career prospects, but it sounds like as long as I appeal properly and get the fraud designation removed, it won't show up on background checks. Thank you all for being so helpful to newcomers dealing with this nightmare!

I haven't dealt with gig work specifically, but I can definitely see how that would make reporting even more complicated! The irregular pay from apps like DoorDash, where you might get paid daily or weekly and the amounts vary so much, would make it really hard to match earnings to the right certification periods. I think you're smart to gather all your 1099s and any records from the apps showing when you actually worked vs when you got paid. That timeline documentation could be really helpful in showing EDD that this was genuinely confusing rather than intentional. From what I've read in this thread, being transparent about the complexity of your situation and showing you were trying to report accurately should work in your favor. Good luck with your appeal!

I actually went through something very similar with gig work! I had Uber/Lyft plus a part-time restaurant job and got completely confused about when to report the app earnings since they process payments differently than traditional employers. What helped me in my appeal was creating a detailed spreadsheet showing my actual work dates vs payment dates for each platform, plus screenshots from the driver apps showing my trip history. EDD seemed to understand that gig work reporting is genuinely confusing because the payment timing doesn't align with traditional weekly pay periods. I also emphasized in my appeal that I was actively trying to report accurately but the complex pay structure led to honest errors. They ended up removing the fraud designation. The key is showing them you weren't trying to hide income - just genuinely confused by the system. Keep all your app records and 1099s organized by date!

I'm dealing with a similar gig work situation! I had Instacart + UberEats earnings that I reported incorrectly because the pay cycles are so weird - sometimes you get paid the same day, sometimes it takes 3-5 days, and the amounts vary wildly. What really helped me organize everything was going through my bank statements to match deposits to actual work periods, since the app payment dates don't always reflect when you actually earned the money. I also printed out the earnings summaries from both apps showing the breakdown by week. EDD actually has a section on their website about gig worker reporting that acknowledges how confusing it can be, which I referenced in my appeal. You're definitely not alone in finding this system incredibly difficult to navigate accurately!

@Molly Hansen I actually work for a nonprofit that helps people navigate EDD issues, and gig work overpayments are becoming super common for exactly the reasons you mentioned. The key thing that helps with gig work appeals is showing EDD your good "faith effort to" report correctly despite the confusing pay structure. What I recommend is creating a simple chart showing: 1 When) you actually worked dates (from the apps ,)2 When) you got paid bank (deposits ,)and 3 Which) certification period you reported it in. This visual really helps EDD reviewers understand how easy it is to get confused with gig pay timing. Also mention in your appeal that traditional unemployment reporting wasn t'designed for gig work payment structures - EDD is actually aware this is a systemic issue and tends to be more lenient when people acknowledge the complexity upfront. You ve'got this!

I totally understand your anxiety about the banking disclosure requirements! From what I've learned lurking in this community, there's usually a big difference between what employers require you to disclose vs what actually shows up on background checks. Most compliance departments are looking for actual criminal convictions or regulatory actions, not internal EDD administrative determinations. That said, since you work in banking where compliance is super strict, you might want to check your employee handbook or talk to a trusted HR person about the specific disclosure requirements at your company. Some places only require disclosure if you're actually charged or convicted of something, while others might have broader language about "investigations." I'd personally lean toward waiting to see if your appeal is successful first, since getting the fraud designation removed would make this a non-issue entirely. But you know your workplace culture better than anyone here. Either way, the fact that this is an honest mistake about seasonal work scheduling should definitely work in your favor for the appeal!

I work in compliance at a regional bank and can offer some insight here! Most financial institutions distinguish between "reportable events" and administrative issues. EDD overpayment determinations, even with fraud designations, typically don't trigger disclosure requirements unless they result in criminal charges or regulatory sanctions. Your employee handbook probably has specific language about what constitutes a "material adverse change" or "regulatory action" - EDD administrative decisions usually don't meet that threshold. That said, every bank is different, so I'd recommend reviewing your specific disclosure policies. If you're really concerned, you could frame it as a hypothetical question to HR like "what would need to be disclosed if someone had an unemployment overpayment issue?" But honestly, I'd focus on the appeal first using all the great advice here. Seasonal retail scheduling confusion is exactly the type of honest mistake that EDD often removes fraud designations for. You've got solid grounds for appeal!