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I've been on UI since December. At the end of March, my husband got laid off also.
A temp agency that I've worked for before asked for workers for a convention center job and I applied, hoping that doing well in this job would lead to others for the temp agency since we now needed the money. So, I worked a Saturday, April 8th for training, and then worked M, T, W of the next week.
When I filled out my certification form, I wasn't paying attention and mistakenly didn't put down the Saturday job which was for $54. When I filled out the next certification I filled it out for then M, T, W and realized I made a mistake for the previous form and emailed EDD my mistake. I had a phone interview on May 5th, and just got my determination form that I am being penalized 5 weeks for a $54 mistake that I admitted to.
Honestly, I was NOT trying to deceive them. It was a honest but stupid mistake.
Do I have any hope of an appeal or should I just chalk it up to stupidity? :-( I only have about 5 weeks left and they just paid me for one week and took one week for the disqualification.
I wish I had found this forum before and not even responded to the request for the job but now I know. 20/20 hindsight is always better.
YES! Submit an appeal request: "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." Honest mistakes are NOT what "false statement" penalties are about. If you wanted to be "false statement" worthy, you wouldn't have reported any of it.
Tell your story at the appeal hearing, and I can pretty much guarantee that you'll get the penalty waived, and will be able to recover the 5 weeks benefits that are being held back. It would also help your story if you had a screen print to show that you self reported the error before EDD contacted you.
The appeal you write is a REQUEST for an appeal. EDD will never read what you write as to why you think you're entitled to benefits. They'll just schedule an appeal hearing anyway. The decision being "wrong," is enough of a reason for a hearing. Save your words for the hearing where the judge will hear them.
My appeal hearing is tomorrow in La Palma. I found the email
I sent to them on the 27th of April, and printed that off.
I'm still really nervous though. I read through what they consider "false" and my scenario was actually used as a example! It said something like "even if claimant said she "forgot" to put in her
employment, it seems inconceivable that she would have had a lapse of memory". This is on the EDD's site where I was looking up what malicious and willful meant to them.
To make it worse, I believe I had just worked on Saturday and filled out the claim form on Sunday.
I'm going to look like a complete loon:-(.
It was "training." You probably had no clue if you'd be paid or not. Plus, the lady that forgot probably reported nothing, you did, and you have an email showing when you realized your mistake. Then you probably reported 4 days work the next week when you realized you got paid for everything.
You made a mistake, and you tried to fix it, and then got the book thrown at you. If EDD let you edit prior claim forms, you'd have fixed your mistake before EDD even issued you your check.
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