EDD Lag Test Question (file, state, employee, employment)

[Chyvan]

Originally Posted by Calicoast22

is this confusing to EDD?

Makes it sounds like you quit. You've got to get better at filling out your UI applications or you're going to keep causing trouble for yourself.

[Chyvan]

Originally Posted by Calicoast22

last question,
Does my not being current on CPR certification etc... mean I am not ready and able to accept work? CPR and other certifications are mandatory for my past employer.

It can, but at most only two people know: You and maybe your employer. If you raise the issue, then it can be a problem so keep quiet. Let your employer bring it up if they are inclined to know that it can create problems for you. That's not your job.

[Calicoast22]

Ouch, you are probably right, I should not have put seasonal as I was laid off and have no job to return to, I have a letter from my past employer stating I was laid off etc...that is the reason I gave on the application as well.

I have heard of people cancelling claims and refiling, should I cancel, refile and correctly state I am not seasonal as I have no job to return to?

[Chyvan]

Originally Posted by Calicoast22

I have heard of people cancelling claims and refiling, should I cancel, refile and correctly state I am not seasonal as I have no job to return to?

They cancel to get better benefits when the quarter shifts, but it's unknown whether they do it to change their reason for the termination. Besides that, your employer still gets to tell their story and most of the time cancelling to undo something you wrote, probably won't work.

[Calicoast22]

So will they deny me or call to clarify do you think?
And I am my own worst enemy, to make a long story short, my past employer sent me another letter after the lay off clarifying my pay rate change and discussing a sub list (they put me on it without my knowledge at minimum wage, I worked a special camp for a week at minimum wage without knowing my wage had been reduced so they sent me a memo to clarify), at the end of the memo/letter she "thanked me for my service and wished me success in my future endeavors" this sounded like goodbye to me so I thanked her for allowing me to serve and I advised that I did not ask to be on the sub list (my lay off letter specifically stated my name would be added to the sub list at my request) but it was a moot point as I did not have the required CPR stuff etc... I hate myself right now!

The memo/letter was dated 4/16, she said the sub list was good for 2 months and my new claim filed on 7/9/16, the list was expired when I filed my new claim.

So again my question is if you look in your crystal ball what do you see happening? Thanks again and again.

[Chyvan]

The story just gets messy. I don't know, but if you were working for $10/hr and your employer reduced your pay to minimum wage that is like being fired from your $10/hr job and refusing to work for less money, and working for less money is quite often "unsuitable" in the early days of a claim.

I personally recommend that you just say you were "fired," (maybe "laid off" because that's what you already said) and shut up and stop talking before you dig a hole that you can't climb out. The employer will get their chances to hang you out to dry, then at an appeal hearing your can decide what is the best way to go, but if you start playing all your cards now, your employer will be able to prepare. Don't give them that chance by keeping things close to the vest.

This initial determination is too easy to appeal. It's not the place to put in a lot of effort other than to not disqualify yourself. Save your money so that you'll be ok while you're maybe waiting on an appeal hearing, and hope for the best.

[Calicoast22]

I think I have confused this a little too much, I would never ever say I got fired when I was legitimately laid off due to a program closure and I have a letter stating this and a letter of recommendation from them.

Thanks for the help.

[Chyvan]

Originally Posted by Calicoast22

I would never ever say I got fired when I was legitimately laid off due to a program closure and I have a letter stating this and a letter of recommendation from them.

In CA, saying you were fired regardless of what you have in your possession is the safest thing to do to avoid having to deal with a "false statement" penalty. Yes, you can appeal a "false statement" and win with your evidence, but why go through the trouble when you don't have to. Now, you already picked "laid off," but if you go through this again, you'd be doing yourself a favor to always pick "fired."

We had a thread on here where someone walked out with a severance package, and the employer said they only did that because they didn't want the employee to go postal on their way out the door.

Do NOT be afraid to be fired for purposes of UI. If there is no misconduct or later determined to be a true lay off, that doesn't hurt you one bit or cause you extra work, but the reverse is not necessarily true.

[Calicoast22]

Update;
I ultimately received a payment on my new claim with the new weekly benefit amount (my claim is back to back) but today when I logged in to EDD homepage I saw an interview scheduled, I called EDD and he said my last employer was fighting it saying they offered me work with "no response". This is very confusing to me. They said they were going to mail work request forms for the next year but I never got them, never got a phone call etc...but I did get an email saying "thanks for your service and good luck..." and a layoff letter that offered no work.
Is there a time limit on an employers response time? I have already been paid 1 week on my new claim but have not received a second claim form yet. Will this be enough for EDD to deny me or cancel my claim?

This is a very stressful process, thanks for any help.

[Chyvan]

You might have gotten one payment because you said "laid off." You might find the payments are suspended until the issue is resolved. It's too soon to tell.