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EDD will now start paying claims based on a lay-off if the claimant provides something from the employer that eludes to a layoff even before getting the employers official response.
Your situation may be a bit tricky as you have the termination of work that led to the filing of the claim. But, it also now sounds like the former employer may be also raising a refusal of work situation which should be a separate issue but just so happened to occur at the same time. So, you may be getting benefits based on a legitimate lay off but now a work refusal is being raised that is triggering another investigation (and possibly a benefit suspension).
However, you have to listen to what Chyvan is saying, stop getting ahead of the game as all that does is make you think and say things based on your mistaken belief its the issues.
Yes, you are so right, I have learned the hard way.
My past employer is saying I refused work and has raised availability issues, I had a brief telephone interview last Monday but it was stopped because I had not received a paper, hard copy of the notice of interview, I found out about the interview through UI online. The interviewer handled one of the issues but said he had to reschedule the rest of the telephone interview for the refusal portion. Of course I received the interview letter later that day, I am still waiting for the new one. My benefits have been suspended.
Question is; Now that I have answered one of the two questions, does my file stay with that same interviewer or does the next available rep take it from there? Thanks again to all of you.
You need to stop doing the interviews and shut up. If you get denied, then ask for a hearing where you'll then have access to the file or hearing packet so that you can properly figure out what is going on, and we can tell you what you need to do that has the highest probability of success.
Even will all these posts, I still can't figure out what is happening to you because you keep throwing in seasonal, refusal of work, laid off, things that people quit over, constructive quit, etc. If you can't do that, then start typing in the letters in chronological order with all the words and stop feeding us snippets of what you think it is because if you do it wrong, you're just going to make trouble for yourself needlessly.
Claimants that fully understand the issues can get benefits even when they shouldn't because the employer is clueless and so are the EDD workers that get overturned at a hearing 55% of the time. Put your faith in the ALJs. They get it right based on the evidence and issue because the employers either don't show or bring the wrong evidence and witness and the claimant keeps their mouth shut.
Chyvan, I have been clear that I was laid off due to a closure and no promise of work was made to me at that time. I was honest on my application, I was laid off but my position at the time was seasonal. Please stop beating me up foe being honest.
Question is; Now that I have answered one of the two questions, does my file stay with that same interviewer or does the next available rep take it from there? Thanks again to all of you.
It can stay with the same person or be reassigned due to work load to another person.
What did they ask you and what was your response? Unfortunately, they could decide not to call you back and make a decision on just what they have, what was asked and what you said is important.
The interviewer asked me if I rcvd the notice in the mail, I said no, he said I had to have it for my own sake but then put me on hold, he came back and said he was looking to see if I was able to waive that right but I could not. He advised me what the employer was saying. Before he hung up he said "well , there is another issue here we could resolve without the letter" and then he simply asked me if I was available for work and I answered 100% yes I was. He said ok and said a new letter would arrive soon.
Today I went online and saw the interview scheduled for mid August.
I'm beating you up because you are wasting time with an EDD worker on a complex issue(s) that are fraught with risk, and statistically, they are only right 55% of the time. Is that where you want to spend your time and worry. Let the decision be made, get the opposing party committed to a story, and then bring it home at the hearing.
I hear you, it's just that I never dreamed I could not have faith in EDD.
You are saying I do not HAVE to do this interview? How do you decline it properly? I need to read my rights better as I did not know that was an option.
You are saying I do not HAVE to do this interview?
Correct. Read your questionnaire. It's says that the decision will be made with the best available information. You don't have to answer your phone. Now, that the next one is scheduled, I'm not sure if you can cancel and force the decision, but you just don't want to deal with them anymore unless you have reason to think you have a good, sympathetic adjudicator, but you truly do not fully know what the issue is because you have yet to read exactly what the employer has submitted or said to anyone at EDD, or the way and EDD worker is ruled on it.
When that story is locked in, you'll be able to carefully craft yours based on what they accused you of rather than spilling your guts now, and having it be unrelated to the actual issue and then causing trouble for yourself like losing your CPR certification.
Being honest to a fault does not score you points. You have to tell the truth, but you can say nothing at all or only address the key point of an issue to make it go away. You don't have to rehash the last three months you worked somewhere to paint a picture so complete that it gets interpreted three different ways by three different people all adverse to you.
And to follow along Chyvan's advise, the entire question of you being available is a wasted question as it serves no meaningful purpose except to get you to admit to not being available. Since the issue is on a specific date when your former employer said employment was offered to you and you refused, that's the period in question. It's also a AND as in Able AND Available. You can't have one without the other.
Although a non overloaded interviewer has the authority to make a determination favorable to the claimant despite what the employer says and provide, normally they go on the simple process that if a disqualifying event is stated and any evidence is submitted (written statement by the employer is evidence) they deny and let the facts be sorted out at an appeals hearing.
Maybe you are lucky (as they did seem to take the time to follow the legal notification requirement) and have an interviewer who cares to do it right from the start. But if your interviewer is only going through the motions, the more you say, they more information provided will result in your former employer knowing a whole lot more about where your coming from than you want them to know. If you tell the interviewer you never got anything from the former employer about the available work, bet at the hearing they have email delivery receipts or proof that other emails went through. If you say nothing, they may have nothing to overcome any objection.
When you prevail at the start your former former employer can appeal or if you are declined and you appeal, what information you provided to the interviewer about your side of the story is known to the former employer and they can use it to their advantage by now being prepared to dispute what you will say. However, if you didn't reveal anything, your former employer has no idea what your position will be and often they come unprepared for your testimony because they have no idea what it will be. This is why we say not take the interview and just get straight to the appeals hearing where facts under oath and documentation has to be presented to an Administrative Law Judge, not just a state clerical/admin employee.
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