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Thank You it sound like you have much knowledge about all of this. I have already been recieving unemployment for about a month now as I was approved. Just recently they sent me a letter that there was questions raised and I was to have a phone interview. The telephone interview was today. So now Im in standbye as the EDD rep was calling my boss to find out why I was told by him that I was employed currently, but, the company states I was terminated. That was the confusion. The EDD Rep could not understand why I did not say I was terminated, so after twice explaining the situation he then asked for my boss contact to call him.
Thank You for the help. It sounds like you are very knowledgeable on this subject. I am currently waiting to find out what the decision is as the EDD rep was going to call my boss to find out why I was told by him that I am currently employed, and why the company states I was terminated. I also told the EDD rep that I am on payroll and can prove that.
I have already been recieving unemployment for about a month now as I was approved.
You weren't "approved." CA was delaying benefits, and it was causing claimants grief. Now, when a claimant applies and says, "laid off," CA starts paying. If an employer comes back with "fired," the state will start your benefits, and start investigating whether there was misconduct involved and if your stating "laid off," is a "false statement."
Quote:
Originally Posted by sober05
Just recently they sent me a letter that there was questions raised and I was to have a phone interview. The telephone interview was today. So now Im in standbye as the EDD rep was calling my boss to find out why I was told by him that I was employed currently, but, the company states I was terminated. That was the confusion. The EDD Rep could not understand why I did not say I was terminated, so after twice explaining the situation he then asked for my boss contact to call him.
The EDD rep is probably already issuing the denial and "false statement" penalty. They normally do NOT believe you, and make you take it up at an appeal hearing.
If your boss is saying fired, he's not going to change his story and look like a liar.
Quote:
Originally Posted by sober05
the EDD rep was going to call my boss to find out why I was told by him that I am currently employed, and why the company states I was terminated.
This won't matter. We had a thread where the guy was given a severance package, and the employer later said he was fired, and they only gave him the severance so he wouldn't go postal on the way out the door. He got denied and had to appeal.
Unless your employer said he made a mistake and confused your claim with someone else's, the employer can tell you to your face that you're laid off and still tell the UI people you were fired, and cause you grief.
Wow that is terrible. I can only hope employers will be held more accountable for there false information. So do the appeals such as in my case usually turn out favorable or will the EDD continue to believe my employer, even with proof I have showing I am in fact currently an active employee?
In CA, the appeals people are completely separate from EDD. The appeals people have no qualms about overturning an EDD decision. Statistically, 55% of EDD denials get overturned on appeal. From the reports here, I think it's closer to 70 to 75%, but the people that come here had help and I think that's why they tend to do better. You're getting help so if you have to appeal, the odds are still very much in your favor. Also, the employer won't be believed at an appeal hearing without the testimony from the client, and they just won't come.
For an appeal can the employer decide to drop the contest and settle? I do not even think my employer would want to show up for the hearing either. They are located in Los Angeles and Arizona?
The employer can chose not to show up, and then it will only be your testimony and that's a sure win so long as you don't admit to anything. If your employer is out of state, they will be allowed to appear by phone.
In CA, the appeals people are completely separate from EDD. The appeals people have no qualms about overturning an EDD decision. Statistically, 55% of EDD denials get overturned on appeal. From the reports here, I think it's closer to 70 to 75%, but the people that come here had help and I think that's why they tend to do better. You're getting help so if you have to appeal, the odds are still very much in your favor. Also, the employer won't be believed at an appeal hearing without the testimony from the client, and they just won't come.
It seems to me that the EDD/UI people in other states are just low level bureaucrats that just rubber stamp things and anything that vaguely looks like a disqualification will result in one. That's why the less you say is better.
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