Ca Unemployment telephone interview (file, claim, payment, EDD)

[Bluejeans68]

Hi- Well here I am, unemployed, through no fault of my own! Worked for a company for 9 months. Really liked my job, my manager not so much! But I did my job everyday p, never was late, never missed a work day, worked all mandatory overtime. On June 25, manager said they were making some changes, and wanted me to now go over to accounting. He said everyone was going to do different areas of the company, so we could all see how the whole company worked. Fine, I said. He said this change would take place in 2 weeks. Great, I said. Moved to new area, and there was literally nothing to do - but I was being trained. Fast forward 3 weeks- manager calls me into his office and said " hate to do this, but I am gong to have to let you go. There have been a few mistakes" he didn't say what they were, but he said, " I am sure you were expecting this" Um, no I wasn't. I have never had a review, never been warned about anything. He gave me a few papers and I signed one. It says "notice of change in relationship" and there were a few boxes to check. He checked the " layoff" box. He didn't sign it or fill inany of the comment areas. He asked if I wanted to go say goodbye to my coworkers, I said NO, got my things and left. Next day I filed for UE- Calif. Stated, Lay off for reason. Got the paperwork, award, and first payment after my waiting period week. NOW, today, 3 weeks later, I get a notice of a phone interview, because there is a question about my eligibility, my former employer says it was a "discharge"- well, my paperwork doesn't say any thing like that. It really doesn't say anything, other than a check mark by the layoff box! What an a**!
I don't have a phone interview until the 31st of the month. I feel kind of stupid, not really knowing why I was discharged! I have an idea now that I put it all together, but I am sure that's not what he is saying!
Does the fact that I have a paper telling of my reason valid enough, or am I going to have to fight this in an appeal? If I do, I am sure I will win it, unless( here is where I overthink everything) he makes up some story, or fanricates some kind of paperwork. I don't know, I just thought it was all taken care of, but no! Any advise for the phone interview? Will my payments stop while waiting for the interview? Any help is greatly appreciated. Sorry for the long post.

[Chyvan]

Originally Posted by Bluejeans68

Does the fact that I have a paper telling of my reason valid enough,

No. The paper will only overcome a "false statement" penalty.

Originally Posted by Bluejeans68

or am I going to have to fight this in an appeal?

Depends on what the employer tells EDD, and can prove.

Important: Do NOT engage, defend, or justify anything the EDD worker says the employer has accused you of. You just say, I have a paper telling me I was laid off, and I will NOT address anything beyond that. The only thing you are to do is to use the lay off paper to avoid being hit with a false statement penalty.

If denied, we'll work on your appeal, but right now, you've only written "lay off" on a UI application and that is not an admission of anything. If you talk to the deputy and they say, "your employer says you were making mistakes," and you say, "yeah, I know," then you admitted to the mistakes and that is a no no. If you did make mistakes and say, "no I didn't" then you're lying, and your credibility is toast.

That is why you are to not say anything about what your employer told to EDD. You were laid off.

Originally Posted by Bluejeans68

If I do, I am sure I will win it, unless( here is where I overthink everything) he makes up some story, or fanricates some kind of paperwork.

Takes more than a story on appeal, but a deputy can and quite often does deny no matter what you say.

Originally Posted by Bluejeans68

Will my payments stop while waiting for the interview?

Yes.

[Bluejeans68]

Hi- ok-update on above. I was disqualified for UE benefits! Because I was fired, for a "reasonable" rule of policy by my employer. I don't have the letter yet, but I found my disqualification online. I called, spoke to a person, who told me this. So, I am going to appeal of course. I told the person I spoke with that I have papers that say I was "laid off" and she said to definately file the appeal. She told me I didn't have to wait for the letter to arrive, (this decision was just made yesterday) and gave me the address to send it too. She said as long as you put your SS # there, then that is all you need. I told this person, the same as I told the phone interviewer, that I did not have any paper with "discharge" on it. So, I guess what I was accused of was being "insubordinate" by breaking the company policy.
My employer did ask me about this situation, 3 weeks before he "discharged" me. In that office, when you get a call from an outside builder, and that builder states there was a problem with the work done (I would get 10 calls a day like this), then the process is to send a warranty notice to the installer (this time it was for tile work) and let them know that there was a claim about their work. You fill out the form, scan, and email it. Take the original form, put the date of email, and give it to the manager. If the installer did not go and "repair" the job within 24 hours, he would get charged for the amount of the repair. This particular tile company was given 10-15 notices per month, rarely did the work anyway, and was always charged for the repair. When my manager (same boss) asked me if I sent this notice, I looked in my email for it and it was not there. This is not that unusual, as- there are 4 other girls in the office who could have sent it. My manager did not give me a chance to look any where else (like another email) and just walked away when I couldn't produce my email. Then 3 weeks later, he said- "can I see you for a moment?" Yes, I say- walk into his office, he has another guy from HR in there. He says, "sorry Jean, but this isn't working out. Today will be your last day at this company. Nothing personal, I really like you, but I am not happy with the situation." He handed me papers to sign, then told the guy to go make copies and give them to me. He then asked if I wanted to go say goodbye to my "friends"- I say no, gather the papers he gave me and left. Again, my papers have no reason on them, just a form letter of "change in relationship" stating "layoff", signed by me and him. So, that is my story! Do I have a reasonable chance of winning an appeal? I am in Ca. I know, by reading your answers, what to put on the letter I mail them- nothing but I do not agree with the decision, and I want an appeal. Thank you so much for what you do- It is very helpful, indeed!

[Chyvan]

You want an ". . . appeal hearing." Add that extra word.

I know that's your description of events, but that is probably NOT what you want to say yet at the hearing. As it stands now, you don't what you've been accused of doing. So far now, the story is, "I did nothing wrong."

When you get your hearing packet or access to your hearing file, then we'll start working on things. We will only be addressing what the employer has said to EDD so far. Could be this has nothing to do with these repair requests.

[ShanLal200]

Hello,

I made a dyslexic mistake in my application which caused my telephone interviewer to be confused and saying the last day that I stated that I worked during the phone interview was 6/5/18, but on my application I put last date worked as 5/6/18. I did manage to clear it up on the phone with her, but did not know this was information she already had so I responded as if she kept getting it wrong. Do I need to do anything else to change the error. Also, is a phone interview part of the “normal” EDD procedure? Thank you

[Chyvan]

Originally Posted by ShanLal200

Do I need to do anything else to change the error.

Only if it results in some type of denial (I suspect the date error can invalidate all your claim forms from 5/6/18 to 6/5/18), and then you'll fix it on appeal.

Originally Posted by ShanLal200

Also, is a phone interview part of the “normal” EDD procedure? Thank you

If you were fired or quit, yes. However, if you think you were laid off, then no.