EDD potential overpayment issue help!!

[moirane]

What state? California
I was laid off of my job in 2002, was given a 6 week severance pay, and told to sign up for unemployment. I found a job 8 weeks later, but I recieved a letter in the mail from EDD (this last week) stating that during an audit of my Unemployment claim, the company I had worked for stated I had made money during the time that I was recieving unemployment. I did not know that I had to claim the severance pay, in fact I was told my HR that it didnt matter. It was my 1st time ever being laid off, and had no clue of what the proceedures were. the company had just been bought out by another company and had laid off about 15 of the staff members. I found out that California allows severence pay along with unemployment, but I did not know it needed to be claimed. I dont have access to my original paper work with EDD, The Human Resource that was at the smaller company is no longer there, and I have tried to contact someone at the bigger company without success. EDD wants a response in 6 days. Any ideas would be helpful.

 

[pattytx]

Your knowledge, or lack thereof, does not change the situation. Although severance pay is not specifically mentioned here, the instructions DO state that you should report all income you received, or expected to receive, from your ex-employer.
http://www.edd.cahwnet.gov/uirep/uifc.htm

The intent of unemployment insurance is to keep an individual "going" while they are looking for another job. If you received severance pay, you were not without income until the period that the severance pay covered ran out. Sorry, but I don't see any recourse for you here. It is very likely you will be required to pay at least some of those UI benefits back.