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Been laid off on Sep 27th. I filed my EDD claim on OCT. 7th. Finished my phone interview on NOV.6th and receive this letter yesterday. I was being laid off due to department downsizing, but then I guess the company filed it as I was terminated due to misconduct ( which is not true). The letter is really confusing to read, my question is am I under some kind of penalty weeks or I am disqualified from edd. period?
Here is the letter:
You are not eligible to receive benefits under California unemployment insurance code section 1256 beginning 9/20/13 and continuing until you return to work after the disqualifying act and earn $1175.00 or more in BONA FODE Employment, and you contact the above office to reopen your claim.
Then this is another paragraph states:
You are not eligible to receive benefits under California unemployment insurance code section 1257A beginning 11/03/13 until you have file a claim for each of 02 weeks in which are you otherwise eligible for benefits.
I also got an appeal letter for me to file. What should I do now? Any help would be greatly appreciated.
You have been denied benefits because of misconduct. It is common for employers to cite misconduct, hoping you won't appeal and they won't be charged for your benefits. You appeal this.
The interviewer then assessed a false statement penalty of two weeks because the employer's account of your termination was not consistent with yours. Normally, without a finding of misconduct, your benefits would begin after that time.
However, for now, the interviewer agreed with the employer's account of misconduct. This happens all the time. Whenever in doubt, you get a denial, which you need to appeal. So, don't give this denial a lot of weight.
You need to file an appeal immediately on both issues. You have an excellent chance of winning your benefits. Many, many CA appeals are won. At the same time, you may still need to serve out the two weeks for false statement - but that is secondary to winning your benefits - i.e., disproving the charge of misconduct. In actuality, the employer needs to prove misconduct. When fabricating a misconduct charge, the employer most often loses when claimant appeals.
When you file your appeal request, all you need to say is you do not agree with the decision, that you are requesting an appeal hearing. When you find out the actual basis of your "misconduct," you can begin to formulate an argument.
Your appeal hearing will probably take place within a month. CA is pretty fast about these things. Send back that request for an appeal immediately.
I have a good friend who still works at the company, and he told me today that my employer filed as I violated the company rule of using work computer to surf the internet for personal reason.
I did surf the internet (ex. facebook, hotmail) when the business is really slow, all my colleagues use internet for personal use. I did not get any warning before and did not know that would lead to a termination. Clearly, it is one excuse that my employer came up with.
The claimant knew or should have known the rule.
The violation is wilful and wanton.
The violation is material.
The violation substantially injures or tends to injure the employer's interestsThe employer has warned or reprimanded the claimant for previous violations of the same or similar employer rules.
If you have a coworker to testify with you that they did the same thing and didn't get fired, you'll have a lock on this.
Also, depending on who shows up the hearing, you might want to reject focusing on anything. If there is no first-hand testimony of someone that SAW you actually use the internet, you can avert the whole thing at the hearing by saying, "this person testifying works in a different area than me and didn't see me do anything. This is all hearsay." and then shut up. Doing the above will cause you to admit to having actually done it, and there is no reason to do it when the employer can't prove that it actually happened.
Doesn't mean they are going to bring them to the hearing, and if you have a telephone hearing, the employer will have to mail them to you, and if it's in-person, you'll be able to view the evidence before the hearing. So, you're going to know. Also, the person that prepares the records needs to be present or you can get them suppressed as hearsay. For all you know they could be fabricated, so look at them carefully.
Regardless of the misconduct issue, you need to testify that you were told you were being laid off or you'll have to eat that "false statement" penalty.
Also, examine any paperwork you get. It could very well be that you were laid off, and the employer discovered the internet useage AFTER you'd been dismissed. In that instance, your internet useage couldn't have been a factor because it wasn't known at the time of your dismissal.
there was no paperwork at the time of my dismissal. i have no prove whether it is a laid off or a termination
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