Waive EDD False Statement Penalty


Waive EDD False Statement Penalty
The Issue
I am calling attention to an inhumane oversight made by the Employment Development Department of California, during this life-altering "shelter in place" order put on the labor force due to COVID-19.
I am going to address the financial aid avenues I have pursued and/or are ineligible or have been denied.
1. I work in the entertainment industry and was working regularly up until March 24th.
2. I worked as a Video Editor on multiple TV shows. I was furloughed because of the "safer at home" ordinance.
3. I filed for unemployment on March 25th and reduced my spending dramatically. I took charge of meal planning, prepping and household on logistics and staying informed of protocol during Covid-19.
After calling EDD tech support for a week straight, I was finally able to get through and back into my account yesterday. TO MY SHOCK it showed that I received NO BENEFITS for week 1 and week 2 with the description "FALSE STATEMENT DISQUALIFICATION".
After doing some research, I found this was applied to my account because
1. In 2017 - while going through A VERY TOUGH TIME - I was let go from a job, and when I filed, I accidentally input the wrong income amount. This, unfortunately, led to overpayment, BUT NOT INTENTIONALLY.
I paid back the full amount (with a large penalty added to it) a total of 1700 dollars.
THIS WAS NOT ANYTHING BUT A MISTAKE, not a willfully false statement as alleged - and all the money was paid back.
2. From further research and legal document reading, I did last night, I read that the EDD puts a 5 to a 7-week penalty on your account, and makes it so that you are unable to receive any benefits during this time. So in my situation, I'm still paying penance for making an error that resulted in overpayment (even though this was 2.5 years ago- and I had already paid them back!).
PLEASE NOTE - this also means I won't receive the larger weekly benefit allowance when this disqualification penalty is over. I will receive $450 beginning in 7 weeks- which is already less than I would make should we not have the "Shelter in Place" ordinance due to Covid-19.
LIKE MANY OTHERS IN THE SAME POSITION, I AM OUT OF OPTIONS - unless the State Unemployment Office can recognize this questionably unethical waiting period penalty during disasters and pandemics, and compassionately waive or suspend it.
I completely understand the 7-week penalty, UNDER A NORMALLY FUNCTION ECONOMY, and the labor market. My argument for myself, and anyone else who has a determination penalty from a previous claim, is that this punishment of withholding aid during a disaster or pandemic is simply inhumane and unjust.
The state and the federal government has already made changes to the unemployment system to aid and expand benefits those of us who were laid off due to Covid 19, and are treating current circumstances as unique and unprecedented. I am hoping to argue that the 7 week waiting period should be FUTURE-ACTIVELY applied to any claimant who made an error in a past claim and should also NOT BE APPLIED to those who are only just now filing because of the Covid-19 related layoffs.
I am out of options financially, and while I am seeking jobs- EVERYTHING IS SHUT DOWN.
So, this punishment like I said is outdated and INHUMANE. I am asking, please act altruistically, give the benefit of the doubt to it's hard-working people, and grant amnesty to those of us struggling with this "False Claim determination". We urge EDD to lift this rule to whose who have already paid off their overpayments from past claims and to retroactively give claimants the benefits they should have received for weeks 1 and 2.
Thank you
Marlon Sanchez

The Issue
I am calling attention to an inhumane oversight made by the Employment Development Department of California, during this life-altering "shelter in place" order put on the labor force due to COVID-19.
I am going to address the financial aid avenues I have pursued and/or are ineligible or have been denied.
1. I work in the entertainment industry and was working regularly up until March 24th.
2. I worked as a Video Editor on multiple TV shows. I was furloughed because of the "safer at home" ordinance.
3. I filed for unemployment on March 25th and reduced my spending dramatically. I took charge of meal planning, prepping and household on logistics and staying informed of protocol during Covid-19.
After calling EDD tech support for a week straight, I was finally able to get through and back into my account yesterday. TO MY SHOCK it showed that I received NO BENEFITS for week 1 and week 2 with the description "FALSE STATEMENT DISQUALIFICATION".
After doing some research, I found this was applied to my account because
1. In 2017 - while going through A VERY TOUGH TIME - I was let go from a job, and when I filed, I accidentally input the wrong income amount. This, unfortunately, led to overpayment, BUT NOT INTENTIONALLY.
I paid back the full amount (with a large penalty added to it) a total of 1700 dollars.
THIS WAS NOT ANYTHING BUT A MISTAKE, not a willfully false statement as alleged - and all the money was paid back.
2. From further research and legal document reading, I did last night, I read that the EDD puts a 5 to a 7-week penalty on your account, and makes it so that you are unable to receive any benefits during this time. So in my situation, I'm still paying penance for making an error that resulted in overpayment (even though this was 2.5 years ago- and I had already paid them back!).
PLEASE NOTE - this also means I won't receive the larger weekly benefit allowance when this disqualification penalty is over. I will receive $450 beginning in 7 weeks- which is already less than I would make should we not have the "Shelter in Place" ordinance due to Covid-19.
LIKE MANY OTHERS IN THE SAME POSITION, I AM OUT OF OPTIONS - unless the State Unemployment Office can recognize this questionably unethical waiting period penalty during disasters and pandemics, and compassionately waive or suspend it.
I completely understand the 7-week penalty, UNDER A NORMALLY FUNCTION ECONOMY, and the labor market. My argument for myself, and anyone else who has a determination penalty from a previous claim, is that this punishment of withholding aid during a disaster or pandemic is simply inhumane and unjust.
The state and the federal government has already made changes to the unemployment system to aid and expand benefits those of us who were laid off due to Covid 19, and are treating current circumstances as unique and unprecedented. I am hoping to argue that the 7 week waiting period should be FUTURE-ACTIVELY applied to any claimant who made an error in a past claim and should also NOT BE APPLIED to those who are only just now filing because of the Covid-19 related layoffs.
I am out of options financially, and while I am seeking jobs- EVERYTHING IS SHUT DOWN.
So, this punishment like I said is outdated and INHUMANE. I am asking, please act altruistically, give the benefit of the doubt to it's hard-working people, and grant amnesty to those of us struggling with this "False Claim determination". We urge EDD to lift this rule to whose who have already paid off their overpayments from past claims and to retroactively give claimants the benefits they should have received for weeks 1 and 2.
Thank you
Marlon Sanchez

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Petition created on May 19, 2020