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If you do not repay your overpayment on time, the money can be deducted from future unemployment, disability, or Paid Family Leave benefits. Other actions we take include: Withholding your federal and state income tax refunds. Withholding your state lottery winnings.
If the former employee refuses to pay back the money, the employer might be able to make a court claim to get the money back from them.
In the event that the employee refuses to repay the sum owed, it is open to the employer to take legal action against them. This would involve issuing a civil claim for recovery of the overpayment as a debt.
Overpayment Waiver To be considered for a waiver, you must complete and return the Personal Financial Statement (DE 1446). We will review your information to determine if repaying the overpayment would cause you extraordinary hardship.
If your employer accidentally overpays you, generally, you are required to return the overpayment. This is because the funds were not legitimately earned and were given to you in error. Here are some points to consider: Legal Obligation: Most employment laws stipulate that employees must return overpayments.
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People also ask

California offers the strongest worker protections against bosses clawing back money that they think was overpaid. First, an employer can only recoup money if the worker signs a written agreement outlining the exact terms of repayment.
How do I request payment? To request payment, log in to your MyUI+ account. Then you have two ways to request payment. From the navigation links on the left side of the page, click on Request Benefit Payment and then click on Start Weekly Certification.
If you are unable to repay the Overpayment Balance because of financial hardship, you may request that the Division of Unemployment Insurance stop collection efforts and waive the balance. To request a waiver, you must submit and complete sections, II, III, and IV on the reverse side of this form.

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