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Hello, first off thanks for the helpful information on here. I've spent a couple of days browsing over it all. Seems to be a big debate in my household as to whether or not to take the phone interview call (sched for 8/30). In like 20 years of working, this is my second time on unemployment. My boyfriend has been on unemployment many times due to the industry he works in and says the best thing to do is take the call and answer questions because I won't get denied since I was fired.
I applied for unemployment on 8/12. I put FIRED/TERMINATED, and chose drop down "Reasons not listed"
EDD instruction letter for phone interview received (along with updated EDD card, income info, etc). Questions listed and my would be responses:
The reason you left your job with XXXXX.
1) Why are you no longer working at your very last job?
"I was fired"
2) Were you warned that your actions could result in being fired?
"No"
3) When you were warned?
"I've never been issued a warning from my employer."
Honestly, that's the sum of the situation. There is of course a sequence of events but I really still don't know why my bosses fired me. For clarity, I can include the events & background in post below, not sure if it would help.
Background: basically, I worked for a small biz w/ 2 employees and was an acquaintance of owners for several years before (they were actually clients of my former business!). I was employed for 13mos and it was a great family like vibe for 9 mons and then the bosses wife started moving into a more corporate feel and hired an HR consultant and that's when things started to get weird.
- 8/6 After coming back from 1 week vacation, worked 2 days.
- 8/8 On Wed 8/8...called almost 2 hours after shift started. Apologized to boss, told him I did not think I could go in that day to due to family emergency. He could hear I was upset, he said "no worries, we'll touch base tomorrow."
Later that evening, I sent a follow up text to bosses apologizing again for the late call-in and letting them know I will be in tomorrow. The other boss (owners wife) texts back, "please refer to your email from HR. You are suspended until further notice. There is no need for you to come in." I'm in shock at this point, I have never been suspended. Never been warned, good attendance history, asked for a raise in May and at my annual review in June, they gave me $1 raise with a good review. At this point, I reply with 'okay, i'm still trying to find out if an immediate family member of mine passed away, which was part of the late call'. Found out the HR email sent after biz hours stated suspension was due to unexcused absence on 8/8 because I did not call in 2 hours BEFORE shift started. (though the emergency was a "COMPELLING" reason by HR standards so...)
- 8/9: I sent email giving more details about the family emergency, letting them know it had now been confirmed that one of my sibling committed suicide. I said I did not understand the extreme disciplinary action given I did not have a history of attendance problems. HR consultant emails me back saying to come to her consulting biz office on 8/10 for a meeting (in a different city, not my employers office) and we can talk.
8/10: HR consultant says she wanted me to come in to office because she felt things can get confusing/difficult via email. She then starts laying out a bunch of random lies that my bosses told her. I countered each one with documented proof via emails & text. I also told her that I realized my bosses had been planning on getting rid of me since I found a posting they put up for my exact position that had been online for 3 weeks prior. She had no idea about the posting because they used another staffing agency but I showed her the screenshots and the listing itself. I asked to get to the point and she said I was being let go for lack of communication (which I already disproved). I told her I would file for unemployment and she expected that I guess, since she had state EDD instruction & info paperwork ready, along w/ last check. She had stuff for me to sign but I refused to sign anything.
So that is gist of the story. I ultimately think my bosses wanted a fresh start with someone since they were moving to this corporate type feel. Also, the owner's wife was hardly working anymore since they had a baby and as the primary employee my bosses started giving me more and more of their own work tasks and I expressed to them that the constantly increasing workload was causing delays for clients and I guess they didn't like their encouraged "open door" policy after all.
I have records of many compliments from bosses and record of the raise for doing a good job. HR acknowledged during our meeting that I had a good attendance record. No record of misconduct. I'm hoping to find a job very soon but I need ever $ I can, even if it's only 1/3 of my pay. And I need it as quickly as I can, just certified first 2 weeks of UI this past Sunday. I do not want to deal with an appeal. I can't imagine they would try to deny it but things did start to get ugly the weekend after they fired me and at this point, I have realized my bosses are liars and greedy and who knows if they will tell HR to fight it. With my families loss and losing a job on same day, I just want my UI money and to find a job. I don't want to think or deal with an appeal.
Any recommendation on the best steps to get approved fastest are appreciated. Thanks for reading.
With what you wrote, and what you want to say to the UI worker, there is NO reason to take the call. You do NOT get denied for not taking the call. You get denied because your employer will have told one heck of a story. Right now, you haven't said anything to get yourself disqualified. However, if you take that call, you might get blindsided. Get the decision, and THEN prepare for a hearing if you are denied. You can be denied IF you are fired for the correct reason, but leave that up to the employer. No EDD worker is going to believe you so let the employer do what they are going to do so that you can prepare for the hearing where it really counts. You don't want some UI worker attributing things that you said that you may not have said. EDD workers do that, but if you don't take the call, then they can't twist your words.
Quote:
Originally Posted by artzgirl18
Any recommendation on the best steps to get approved fastest are appreciated.
We don't do "fastest." We try to get people benefits that they get to keep. You don't want to tell this story at this time. Too easy to twist it into a quit or a rules violation.
Thank you for taking the time to read and advise. I’m going to go ahead and follow it. In worst case scenario, if I get denied what is the typical time frame or process until an appeal hearing? I hope they just approve after missing the call. It’s so stressing, as of now I will have to pay rent with a credit card until benefits come in.
The upside is I already have an interview tomorrow. With a temp agency but hopefully I can start earning soon. Just can’t afford to miss out on $300 a week UI until then.
I will be sure to follow up on the next outcome. Thanks again!
This might be one occasion in which taking the call can speed your benefits up, but I doubt you're going to be able to keep your story on track - here's why:
1. You're making the mistake of combining work performance with workplace policy. Your review, etc. is all irrelevant to the issue at hand.
2. I've never seen an HR handbook that had a definition of a "compelling" reason for calling in 2 hours after a shift started. You're going to say something like that and it just sabotages your story.
3. You gloss over the "bunch of random lies", but I'll bet they've got some documentation.
4. You're going to open your mouth and try to make yourself feel better, and bring in a host of issues. Let the employer confine the issues to one specific category.
You're looking at 6-8 weeks without money. If your interview goes great and you get an offer - maybe take the call. No offer, no call.
if I get denied what is the typical time frame or process until an appeal hearing?
It takes 3 to 4 weeks for an initial determination. CA just pays money if approved. They only send a letter if denied. If denied, it takes about 4 weeks to get a hearing.
Check your debit card frequently and file your biweekly claim forms, and then just wait.
This might be one occasion in which taking the call can speed your benefits up, but I doubt you're going to be able to keep your story on track - here's why:
1. You're making the mistake of combining work performance with workplace policy. Your review, etc. is all irrelevant to the issue at hand.
2. I've never seen an HR handbook that had a definition of a "compelling" reason for calling in 2 hours after a shift started. You're going to say something like that and it just sabotages your story.
3. You gloss over the "bunch of random lies", but I'll bet they've got some documentation.
4. You're going to open your mouth and try to make yourself feel better, and bring in a host of issues. Let the employer confine the issues to one specific category.
You're looking at 6-8 weeks without money. If your interview goes great and you get an offer - maybe take the call. No offer, no call.
Thank you for your input (somehow I missed your reply yesterday). I am not going to take the call and just pray that maybe they decide to just find me eligible. My bosses hate taking calls so I can't even imagine they will easily reach anyone when they call the office. I mainly posted backstory to share the weird situation. I was never planning on saying anything to the interviewer about those details but agree that not knowing what follow up questions an interviewer may ask, who knows what can of worms or rabbit hole could be opened. I'm glad I found this forum!
I have zero doubt that I would lose on an appeal. I've read the handbook up and down (it's only a few pages) and I have not violated any policy. I guess I felt like it was a 'bunch of lies' but I should clarify, thinking back...the HR person just stated 2 claims and I showed her the text documentation I had which proved bosses gave HR false info.
I really do not think they would even attend an appeal hearing because the bottom line is there is nothing they can show to demonstrate misconduct during my 13mos there. It was a mom & pop business, I was the first employee they ever had, they don't know what they are doing in regards to having employees and that's why they were grasping at straws to even give me a reason for why I was being let go. Honestly, I still am not sure why but getting fired was a blessing in disguise really. I don't think I will ever work for a small biz again, just don't seem to have the rights that bigger companies give.
Missed the call and the interviewer left a 2min long voicemail. Sounded nice, business like but wordier than I would have expected. My window was from 10-12n and he called at 11:54, said he was sorry but I was the last call and it's best to talk directly but now we would have to do things through voicemail, which he said likely ends up in phone tag. He had a lot of questions I would not have expected based on the basic prep letter that EDD sent.
Asked me to call back and leave a message with the answers because they will also get Employers side and want to make sure they have my said too. Otherwise they will make a decision with best available. I have until Tues. at noon (due to labor day). I feel like the questions would be easy to answer in voicemail but then again, if they can't reach the employer who knows. In my mind, I'm thinking if I was the interviewer and I could not hear from either the employer or the employee, I would think the employee has something to hide since I answered "reason not listed" and then deny. But I don't know if that is how it works?
I transcribed the message with the specific questions, should I post them? The paranoid side of me worries about EDD monitoring here.
I would think the employee has something to hide since I answered "reason not listed" and then deny. But I don't know if that is how it works?
You and UI claimants since the 1930s have thought the same thing. That is NOT how the system works.
If you say, "fired," and shut up (you did), then by default you are currently eligible for benefits, and have no legal duty to say another word.
Then the employer is contacted. It wouldn't matter if you'd stolen $100 from the till. If the employer doesn't respond, you get benefits. However, if the employer responds, even if it was the receptionist and she said, "I heard she got fired for stealing from the till," I can pretty much guarantee that the UI worker would deny.
Then after you appeal, the employer would have to come to a hearing and prove by a preponderance of the admissible evidence that YOU actually stole the money, and that can be very difficult.
Your employer is fully capable of getting you denied without you doing any further work. Your logic is not reality, and it's why so many claimants get denied that could have collected had they only known how UI really works.
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