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Some context; I have a UI claim in CA and been collecting for a few months, my part time position was terminated and I was offered an on call position by my employer when my other position was terminated. I never started the on call position and I have not replied to their requests for me to come in to cover.
This past week my employer sent me a request to come for for 1 week by email and text after months of not working there. I fear they are trying to interfere with the UI claim by calling me in for work and then subsequently reporting me to the EDD for "refusing work" if I don't comply. Am I worried for nothing or is this some known tactic to interfere with UI claims? Should I delete and/or ignore this request from my previous employer and continue my weekly certifications like normal? And to save myself from future stress should I just go ahead and block communication so they are unable to contact me and/or interfere with my UI claim?
Fairly unique circumstance considering I am having a hard time finding info on cases like this and how to proceed so that being said Thank you in advance for any tips/tricks or insight you may share! And please let me know if any other info is needed!
This past week my employer sent me a request to come for for 1 week by email and text after months of not working there.
Did you respond? Is there proof your received the contact?
Quote:
Originally Posted by uihelp
I fear they are trying to interfere with the UI claim by calling me in for work and then subsequently reporting me to the EDD for "refusing work" if I don't comply. Am I worried for nothing or is this some known tactic to interfere with UI claims?
They might be, but when they offered you "on call" and you knew you didn't want it, you should have blocked all contact with the employer so they would have to make you an offer the hard way: a letter in the mail, coming to your door, or filing a proper offer with EDD. Never make it easy for an employer to make you an offer for a job you don't want.
Quote:
Originally Posted by uihelp
Should I delete and/or ignore this request from my previous employer and continue my weekly certifications like normal? And to save myself from future stress should I just go ahead and block communication so they are unable to contact me and/or interfere with my UI claim?
I would, but the employer can still make trouble for you, but it might be more work than they are willing to do so hope it works.
I did not respond, so Im not sure if they can prove I received the contact.
That being the case can I delete the "evidence" and block contact and act like I never got anything? I am worried they will try to send more emails/texts and that they might get a message like "undelivered email/can't send text" after I block and that they might use that as evidence that I blocked them after the fact.
Due to the time frame I am thinking the employer never filed an appeal so I don't see them putting to much effort to cause trouble for me, but I was worried they might try now so would blocking contact resolve my problem? And if I go through with blocking communication should I save the emails in case they do try and cause trouble or just delete them?
That being the case can I delete the "evidence" and block contact and act like I never got anything? I am worried they will try to send more emails/texts and that they might get a message like "undelivered email/can't send text" after I block and that they might use that as evidence that I blocked them after the fact.
Test it with a friend's email and phone and see what happens. You're right, if there's no "block" message, then they can't prove you got it, but it's pretty fishy.
Email tested and It seems to go through like normal from the sender to the blocked party, Ill have to figure out the phone testing next. If that ends up being the same should I not be concerned after blocking? I feel like at that point if it comes to this, I can claim I never received contact, or claim I blocked them after walking out on my last day, not sure which is better? I just want to ensure they don't try to mess with my UI claim this way and I'd rather get my story straight ahead of time. Thank you!
Email tested and It seems to go through like normal from the sender to the blocked party, Ill have to figure out the phone testing next. If that ends up being the same should I not be concerned after blocking?
I wouldn't give it a second thought.
Quote:
Originally Posted by uihelp
claim I blocked them after
" . . . they fired me." Never say "walked out" to a UI worker unless you want them to think you quit, and complicate your life beyond belief.
This will explain why you never got the employer's messages and never would.
Okay, I have yet to test the texting but from what I read online the employer will not be notified if they continue to text me! So email blocked, it just moves it to spam and deletes it after 30 days, but who checks spam folder anyway right? Ill test then block the phone numbers as well and if this happens to get called into question Ill advise the EDD that I blocked communication the day I was fired and hopefully that will settle things if it even gets to that point. Huge weight has been been lifted from my shoulders, thank you very much for that!
Make sure you can make your phone not ring too when they call. You want to stop ALL convenient ways to contact you. It is totally understandable that when "fired," you'd would never want your former employer to talk to you ever again.
I blocked the numbers they used to contact me, so my phone won't ring if they try to call it. What about if they try to call me from random numbers? Can they mess with my UI if they call me and I respond Hello, who is this? and disconnect if I don't hear a response/or find out its my employer? Any tricks I should know in advance if they try this, what I should or shouldn't say? I figure I can change my number if it comes to that but I'd rather be careful when answering the phone to not "incriminate" myself and I'd rather not go through the hassle of changing the phone number.
What about if they try to call me from random numbers? Can they mess with my UI if they call me and I respond Hello, who is this? and disconnect if I don't hear a response/or find out its my employer?
This could be a problem. Just hope they don't do it, and you shouldn't answer calls from numbers you don't know.
By avoiding preventing the easy contact methods, you're preventing "The claimant received the offer" part which will get you off the hook. Once the employer knows they got through to you, then you are engaging in "preclusion." Suitable Work SW 170 - Referral, Interview, and Acceptance
You can't say or not say anything that will help you. You have to dodge the call in a believable way. However, that won't stop them from mailing you a letter, coming to your residence, or making the offer through a contact by EDD.
Quote:
Originally Posted by uihelp
I figure I can change my number if it comes to that but I'd rather be careful when answering the phone to not "incriminate" myself and I'd rather not go through the hassle of changing the phone number.
You don't have to change your phone number forever, but it's not a bad idea if you use a cellphone and can swap out a sim chip with a friend until after your stint on UI is over.
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