Gilles v. Department of Human Resources Development

*316Opinion

TOBRINER, J.

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…