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Unemployment insurance is provided to unemployed individuals that meet specific eligibility requirements set forth by the state in which they live. In the state of California, unemployment insurance is available to individuals who meet the monetary requirement of working and earning a certain number of wages within the previous 18 months before filing. They must also be unemployed through no fault of their own, be available and able to work, be willing to accept suitable work offered, and be actively seeking employment to qualify. Once an individual is approved for unemployment benefits, they must recertify each week to continue receiving weekly benefits.
Since the pandemic began and many people lost their jobs, there has been an unprecedented increase in unemployment insurance claims. This has led to a rise in unemployment fraud and identity theft linked to unemployment claims. In response, the U.S. Department of Labor recently provided $100 million in total to states to combat unemployment fraud. The Department’s Employment and Training Administration also issued an unemployment insurance letter that highlights strategies and tools to help states strengthen anti-fraud strategies and confirm the identity of those filing for unemployment.
When individuals collect unemployment insurance benefits due to unreported, false, or misrepresented information, they are committing unemployment fraud. When filing a claim or recertifying for weekly benefits, they are responsible for reporting accurate information and abiding by the legal requirements set forth by the state they reside in. Individuals who commit unemployment fraud could face serious fines and penalties.
There are several serious penalties for committing unemployment fraud. These penalties include:
There are many ways one might commit unemployment fraud. Some examples include:
Criminals have attempted to take advantage of the coronavirus pandemic to receive unearned money through identity theft. For example, scammers have tried to use personal information from various sources to apply for Pandemic Unemployment Assistance (PUA). PUA is provided as an additional means of income to support those whose employment was impacted by the pandemic.
In some instances, checks for PUA were mailed or deposits made into bank accounts. The criminal benefits from the individual whose identity was stolen. The individual needs to report the fraud to the unemployment agency immediately and follow the steps for identity theft and unemployment fraud outlined in the next section.
If individuals cash or spend the unemployment money they fraudulently received, it’s a form of unemployment fraud. Anyone who receives PUA benefits that did not apply for them either needs to return the check to their state unemployment agency or write a check for the direct deposit amount.
In addition to PUA fraud, the pandemic has also prompted criminals to commit general unemployment fraud and other types of scams that result in identity theft. Regarding unemployment benefits, individuals often don’t learn about the fraud until they receive a notice about their unemployment benefits from their state unemployment agency. When this occurs, it means someone unlawfully has access to your personal information, including your Social Security number, date of birth, address, and so on. It is essential to act quickly with the following steps:
If you unknowingly committed unemployment fraud or believe someone else is committing identity theft to commit unemployment fraud, you need to report it immediately. Reporting unemployment fraud in California can be done by phone, online, or by mail.
The fastest means of asking a question about unemployment insurance is through UI Online. For reporting unemployment fraud, you can use the State of California Ask EDD portal and select “Report Fraud” from the dropdown.
By phone, individuals can contact the Employment Development Department (EDD) about unemployment insurance and fraud at 1.800.300.5616. For a full list of contact numbers, refer to the State of California EDD UI Phone Directory.
By mail, individuals can complete the “Comments, Suggestions, and/or Complaints” form that can be downloaded from the State of California EDD website. The address to mail the form can also be located on the EDD contact page.
Unemployment insurance is a critical resource for those who need it. However, some people unintentionally commit unemployment fraud, while others abuse the system to commit unemployment insurance fraud. No matter the reason, committing unemployment fraud can lead to serious penalties and consequences.
If an employee discovers they are a victim of unemployment fraud (even if they did it by mistake) or identity theft, they must report it immediately to their state unemployment agency.
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