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Okay I searched a lot with google but couldnt find an answer to my question and am awaiting a response from EDD. What has happened is I filed a claim in 2011, the claim expired in 2012.
Then I opened up a new claim based on a temp job I had worked while during 2011-2012 and was awarded UI benefits. A month ago I got a letter from EDD saying that my former-former boss from my first UI claim is saying that I quit. I'm not even receiving benefits from that claim anymore and this was like 13-14 months after I had filed that claim.
But now it's suspended my current UI claim and I don't even know whats going on. I haven't received any info about a court hearing, or anything saying they were appealing. But it's halted my unemployment and obviously I am concerned. I don't want to have to repay my entire old UI claim benefits + lose me new claim.
Employers are given a lot of latitude on appealing old claims. Your former former employer was assessed a higher UI tax by California, reviewed his payment history, and is contesting your benefits now in an attempt to save money. Happens all the time in NJ a year after the fact. Not as common in CA, based on reports we've had.
The good thing is you are NOT in NJ where it takes six months to schedule an appeal, so you will have an interview/hearing/resolution and possible appeal, if the decision goes against you, fairly quickly.
California will probably do a phone hearing. Get all your ducks in a row. Clearly state the circumstances of why you left that job. In the end, I don't think CA will be too sympathetic to this employer, contesting benefits at this late date. CA is very claimant-friendly, compared to other states.
If the initial decision is against you, appeal. Do not be intimidated, because your current benefits depend on your persistence and perseverance. Appeals are won ALL THE TIME.
On repayment in CA, if it comes to that - which it shouldn't - often CA will not pursue repayment aggressively. You also may be able to arrange a payment plan w/CA if you lose after exhausting all appeals, or, worst case, scenario, file bankruptcy. Again, I don't think it'll come to that.
This employer is banking on the fact that you will roll over. Don't do it. Appeal any adverse decisions until you can't.
In CA when you file a new claim, CA investigates ALL sources of possible income in the payments. You filed against a temp job. The money was likely not there to support a whole claim from the temp job so back CA went in your wages. In fact, this old employer MAY be paying all or part of your claim, sort of depends on where the quarters break down. I once had a claimwhere the employer from 2 jobs previous was the one that actually ended up paying a portion of the claim, and I know this because I kept getting letters from EDD that the claim was now being paid by "such and such". It was odd.
But anyway you are likely going to be set for a phone interview to determine if you in fact quit. If you have your termination paperwork from your previous job, this will help. If not, insist that you did not quit. I would shy away from hanging your entire claim on the "you approved me before it is not like you were wrong" attack against EDD. Be prepared to restate your case as to why you certainly did NOT quit.
Thats the thing, it's their word against mine. I don't have any proof I was fired, no written document or anything.I'll keep you guys updated on how this thing progresses :/
Okay well interesting enough I heard back from EDD. Here is their reply:
We have not received the claim form for the weeks ending 1013/12. EDD has mailed you a Continued Claim form to certify for unemployment (I don't understand this, certify for unemployment?) Please complete and mail forms as soon as possible.
I am so confused, I was already awarded a new claim and now it seems like they trying to re-open my old claim or I need to "certify" some crap for my new claim to be continued. Gahhhh.... HELP...
Have you received claim forms recently? Return them if you have. It is important that you continue to claim while your case is being investigated. How do you know EDD is referring to your earlier claim? That would be unlikely, at this point, unless EDD was going back to the earlier claim to pay you unexhausted federal EUC tier benefits.
Provide a complete timeline of your claims please:
Exact date of original claim?
Weeky benefit for this claim?
How long did you collect?
Work performed between claims - during what time frame?
Were you collecting benefits while you worked?
When did you file for a new claim?
Weekly benefit amount for the new claim?
What is the benefit amount for the 10/13 form sent you by CA?
My original claim date began in 8/2011 and ended in 8/2012.
Weekly benefit was $101. Starting 1/2011 I found a temp job and worked there for 3 months and it paused my claim. Around 3/2011 my claim was resumed and then ran out sometime around 7/2011 or 8/2011. EDD told me I could open a new claim up after 8/25 based on my temp job and my quarter earnings.
I was awarded a new claim beginning 8/26/2012 with a weekly amount of $221.
I received and mailed in continued claim forms up until October when things got messed up. All of September I was payed my weekly amount of $221. The last time I was paid was 10-6-2012 and I received $442 (2 weeks worth). Then I received my continued claim form sometime between 10-18-12 and 11/1/12 and filled it out and mailed it in. Weeks went by.
I then received the letter about my old boss saying I had quit and was not fired. They wanted me to write out what happened and whether I quit or not. Nowhere did it say that I was being appealed or investigated, they just wanted to know my side of the story. So I told them I was fired. I mailed this letter in 2+ weeks ago. And I was under the impression that this letter was the reason that they had not deposited the money in my account. But now that EDD is saying they never got my continued claim I mailed in 3+ weeks ago it seems like it was lost along the way or something.
Now here it is, 11/16/2012, and I have not received any payment since 10-6-2012 having looked at my Balance/Transactions. It seems like they lost my latest continued claim letter and thats what held everything up. Will I be paid for the rest of October and early November? My new claim does not end until 8/24/2013, I'm looking at the award letter right now.
I hope that answers everything and is clear to understand. If not let me know and I will provide additional info. I cant tell you how much I appreciate you helping me make sense of this situation, it's relieving a lot of stress for me. Thanks
You need to call CA, tell them you returned the claim forms they say are missing, 10/13 and 10/20. Ask for replacement forms for those two weeks.
Ask them also, at the same time, for forms for 10/27, 11/3, 11/10, 11/17. Actually, six weeks' benefits is $1,326.
When you talk to EDD, you will find out for sure if you are not being paid because of the employer contesting your claim. If that is the case, ask if they received your letter. If you mailed that letter two weeks ago explaining the circumstances of the quit and CA did, in fact, receive it, you should be hearing something fairly soon.
Email will not solve your problem at this point. You need to call. Use the suggestions on the last few pages of this thread to get through.
You are probably correct. The reason you aren't being paid is because of the employer contesting the claim. Chances are whoever responded to your email didn't look very deeply into your situation.
Let us know what they say.
Last edited by Ariadne22; 11-16-2012 at 07:45 PM..
They are mailing out the claim forms for 10/13 and I should have it in 7-10 business days. I'll try to get ahold of a live person. Thanks for all of your help, I will let you know what happens as things progress.
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