Delaware unemployment fraud has two very different readers: the person who just got a letter or a 1099-G for a claim they never filed, and the claimant who wants to know what the state counts as fraud and what it costs.
This guide covers both — how to report Delaware unemployment fraud, the identity-theft steps, how to get a corrected 1099-G, what counts as claimant fraud, the penalties and disqualification, and when it becomes a criminal case. Verified against Delaware Department of Labor, Division of Unemployment Insurance as of October 2026.
Delaware Unemployment Fraud at a Glance
| Report fraud | https://labor.delaware.gov/divisions/unemployment-insurance/ui-fraud |
| Hotline | 302-761-8397 (Claimant Fraud line, as listed in the U.S. Department of Labor’s state fraud-reporting directory). The state’s UI fraud page asks identity theft victims to email [email protected] instead of calling, and not to send more than one email. |
| Penalty | Under 19 Del. C. § 3325, the state charges a penalty of 15% of the benefits received through fraud, plus interest on the fraud overpayment. |
| Disqualification | Under 19 Del. |
In This Delaware Unemployment Fraud Guide:
How to Report Delaware Unemployment Fraud
Report it at https://labor.delaware.gov/divisions/unemployment-insurance/ui-fraud or call 302-761-8397 (Claimant Fraud line, as listed in the U.S. Department of Labor’s state fraud-reporting directory). The state’s UI fraud page asks identity theft victims to email [email protected] instead of calling, and not to send more than one email.. Reports can be made anonymously; the agency investigates both claimant and employer fraud.
Delaware Unemployment Fraud in Your Name: If Someone Else Filed
- Email [email protected] once with a short description of the issue, your full name, mailing address, best phone number and the last 4 digits of your Social Security number
- Do not send repeat emails or also call and leave messages
- Report the identity theft to your local police department
- Report it to the Federal Trade Commission at identitytheft.gov/UnemploymentInsurance
- If you are working, tell your employer, since the employer may also have been targeted
Getting a Corrected 1099-G
Delaware’s 1099-G page tells identity theft victims who never got the money to email [email protected] to file an identity theft complaint, and to raise 1099 problems through the “Submit a 1099 Concern” link on that page. If no benefits were paid on the fake claim, you should not get a 1099-G at all.
Federal guidance says to file your taxes reporting only income you actually received, without waiting for the corrected form.
What Counts as Delaware Unemployment Fraud by a Claimant
Under 19 Del. C. § 3314(6), fraud means knowingly making a false statement, or knowingly leaving out an important fact, to get benefits you are not entitled to. In plain words, that includes not reporting work or earnings while claiming, false work-search reports, giving a false reason for leaving a job, and hiding facts the state asks about, such as school enrollment during weekly certifications.
Delaware Unemployment Fraud Penalties and Disqualification
Under 19 Del. C. § 3325, the state charges a penalty of 15% of the benefits received through fraud, plus interest on the fraud overpayment. The claimant handbook puts that interest at 18% a year. Delaware does not set a fixed number of penalty weeks. Instead, § 3325(b)(2) disqualifies the claimant for added weeks until the full fraud overpayment is repaid, and fraud overpayments cannot be waived. Under 19 Del.
C. § 3314(6), a fraud finding brings a 1-year disqualification, starting from the date of the first false statement or the first fact that was not disclosed. On top of that, § 3325(b)(2) bars benefits in any later week until the fraud overpayment is repaid in full. There is no time limit on the state collecting a fraud overpayment debt (84 Del. Laws c. 212, signed September 14, 2023).
When Delaware Unemployment Fraud Becomes a Criminal Case
Large or repeated fraud can be referred for prosecution; the amount that turns a civil penalty into a criminal charge is set by state law.
Employer-Side Delaware Unemployment Fraud
Delaware’s Workplace Fraud Act (19 Del. C. ch. 35) bans treating construction workers as independent contractors when they should be employees. The Department of Labor’s Office of Labor Law Enforcement enforces it (4425 North Market Street, Wilmington DE 19802). SUTA dumping, meaning moving payroll to a shell company or buying a business to get a lower tax rate, is covered by 19 Del. C. § 3353. The U.S.
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DOL directory lists Delaware’s Employer Fraud line as 302-761-8482.
Honest Mistakes Are Not Delaware Unemployment Fraud
A wrong number on a weekly claim is a mistake, not fraud, if you correct it when you notice; fraud requires a knowing false statement. Fix it through the portal or by phone before the agency finds it.
Delaware has no fixed number of fraud penalty weeks. After a fraud finding, a claimant cannot get benefits in any later week until the whole fraud overpayment is repaid (19 Del. C. § 3325(b)(2)). That comes on top of the 1-year § 3314(6) disqualification. Since September 14, 2023, there is no time limit on recovering fraud overpayments, while non-fraud overpayments have a 5-year limit.
Related: if the state says you were overpaid on your own claim, that is a different process — see the Delaware overpayment guide for waivers, repayment plans and the appeal deadline.
Delaware — the bottom line
- Report Delaware unemployment fraud the same day you suspect it — an unreported claim in your name becomes an overpayment in your name.
- Delaware unemployment fraud by a claimant means a knowing false statement; an honest mistake corrected promptly is not fraud.
- Penalties for Delaware unemployment fraud stack: repayment, a monetary penalty, penalty weeks, and in large cases a criminal referral.
Frequently Asked Questions
How do I report unemployment fraud in Delaware?
Use the state fraud page (https://labor.delaware.gov/divisions/unemployment-insurance/ui-fraud) or call 302-761-8397 (Claimant Fraud line, as listed in the U.S. Department of Labor’s state fraud-reporting directory). The state’s UI fraud page asks identity theft victims to email [email protected] instead of calling, and not to send more than one email..
Someone filed for unemployment in my name in Delaware — what do I do?
Email [email protected] once with a short description of the issue, your full name, mailing address, best phone number and the last 4 digits of your Social Security number; Do not send repeat emails or also call and leave messages; Report the identity theft to your local police department; Report it to the Federal Trade Commission at identitytheft.gov/UnemploymentInsurance; If you are working, tell your employer,
since the employer may also have been targeted
What is the penalty for unemployment fraud in Delaware?
Under 19 Del. C. § 3325, the state charges a penalty of 15% of the benefits received through fraud, plus interest on the fraud overpayment.
Is an honest mistake on a weekly claim fraud in Delaware?
No. Correct it as soon as you notice; fraud requires a knowing false statement.
Official Delaware Sources & Resources
- Delaware Department of Labor, Division of Unemployment Insurance: https://labor.delaware.gov/divisions/unemployment-insurance/
- Report unemployment fraud in Delaware: https://labor.delaware.gov/divisions/unemployment-insurance/ui-fraud
- Delaware unemployment statute: 19 Del. C. ch. 33
- U.S. Department of Labor — Unemployment Insurance: dol.gov
- IRS — Form 1099-G: irs.gov
This Delaware unemployment fraud guide was last verified against official Delaware sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Delaware Unemployment Guides
- Delaware Unemployment Overpayment: Waivers and Repayment
- Delaware Unemployment Appeal: Deadline and Hearing
- Delaware Unemployment Benefits: How Much and How Long
- Unemployment Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Unemployment benefit amounts, deadlines and rules change — every figure here carries the date we verified it. Confirm the current figure and any deadline with your state unemployment agency before you act.