They don't get to have their cake and eat it, too - they have to repay their unemployment if they get back pay.
How do you audit that?
Duh, the honor system... geeesh.
You might want to read up on it - you never know when you'll need "Reemployment Assistance Payments" as Florida calls them:
The Department of Economic Opportunity has partnerships with the State and National Directories of New Hires that provide information regarding an individuals' employment status. In addition, benefit payments are compared to wage records reported by employers to the Florida Department of Revenue. We also receive tips from the public and from employers in response to periodic notices the agency mails.
Listed below are some of the actions available to the agency in order to collect outstanding overpayments.
Reemployment Assistance fraud is a third degree felony. Fraud cases will be filed with the state attorney for possible prosecution.
Non-fraud cases are filed in civil court and based on a judgment from the court the agency may garnish or attach your future wages.
Your debt can be forwarded to the Department of Financial Service for collection by the collection agency under contract to the department.
If you file a new reemployment assistance claim, each payable week will be used to repay the outstanding overpayment balance.
Lottery winnings are withheld to pay back an unemployment compensation overpayment. Additionally, the penalties for reemployment assistance fraud are covered under Florida Statutes 443.071 (1) and 443.101 (6). Below are the statutes:
REEMPLOYMENT ASSISTANCE
443.071 Penalties.
(1) Any person who makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any benefits or other payment under this chapter or under an employment security law of any other state, of the Federal Government, or of a foreign government, either for herself or himself or for any other person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
443.101 Disqualification for benefits.
(6) For a period not to exceed 1 year from the date of the discovery by the Department of Economic Opportunity of the making of any false or fraudulent representation for the purpose of obtaining benefits contrary to this chapter, constituting a violation under s. 443.071. This disqualification may be appealed in the same manner as any other disqualification imposed under this section. A conviction by any court of competent jurisdiction in this state of the offense prohibited or punished by s. 443.071 is conclusive upon the appeals referee and the commission of the making of the false or fraudulent representation for which disqualification is imposed under this section.
All from
Florida Dept. of Economic Opportunity - FAQs