(DOWNLOAD) "Gilles V. Department Of Human Resources Development" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Gilles V. Department Of Human Resources Development
- Author : Supreme Court Of California
- Release Date : January 23, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Unemployment Insurance Code section 1375 permits the state to recover an overpayment of unemployment benefits from a claimant unless such "recovery would be against equity and good conscience." In holding plaintiffs liable for overpayments, however, the Unemployment Insurance Appeals Board has ruled that recoupment of an overpayment, rendered after the claimant has received timely notice that he might be required to return it, never violates equity and good conscience. In this case we hold that the board erroneously interpreted section 1375; the broad language of the statute requires that the board, in deciding whether to seek recoupment of an overpayment, consider not only the matter of notice to the recipient, but also the nature and cause of the overpayment, the hardship to the claimant that repayment may impose, and the effect, if any, that repayment will have upon the fulfillment of the objectives of the unemployment compensation laws.