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Old 10-18-2018, 03:15 PM
 
19 posts, read 20,104 times
Reputation: 10

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Quote:
Originally Posted by Milezsmilez View Post
Don't be worried about "There is a question concerning your eligibility." That's standard for any time you have an interview. Basically, something you've stated in your certification (like you are in training) has raised a question of eligibility and they need to interview you.



Given what's happened, I think you could say you were confused what to do with your UI claim and were told you had to have some funds available when you started class and didn't know how much, etc.
So, I got the letter in the mail today. Unfortunately, it looks like there's actually a question of my eligibility, and now I'm panicking (but like, stealth panicking; call-my-mother-crying panicking, not blurt out incriminating information in an interview panicking). The front of the letter says "Additionally, if the EDD determines you were paid UI benefits that you were not entitled to as a result of a false statement or withholding of information, you will be required to repay the EDD for the benefits you received." Which is not good, because I don't have that money anymore. I spent it on living (obviously).

The back of the letter, which details the questions, says:
Quote:
During the phone interview, you will be asked some of the following questions:
The reason you left your job with COMPANY.
Why are you no longer working at your very last job?
Were you warned that your actions could result in being fired?
When were you warned?
-A bunch of questions about my eligibility for CTB and various information about my actual training program.-
But I should still take the interview at this point, right? I don't know what information the EDD has regarding my UI eligibility .

To recap: I was fired. I put Fired/Discharged on my original UI claim back in April (I'm pretty sure...I can't find the original claim receipt, but I'm fairly sure I wasn't so stupid as to say Layoff/Lack of Work when I wasn't laid off), and there were no follow-up questions asked by the system. This time, when I reopened the claim and put Fired/Discharged, it asked me a bunch of follow-up questions, like what reason the employer gave, was I warned, was it misconduct, etc. It was a toss-up between the answer about probation, and "not a good fit", so I said "not a good fit" for the reason the employer gave. I hadn't been asked those questions before.

So, "Why are you no longer working at your very last job?"
I was fired [for being unable to do the job to their standards - but I don't have to say that in the interview if you don't think I should].

"Were you warned that your actions could result in being fired?"
There were no specific actions that immediately precipitated me being fired, so in that sense, no. I wasn't written up, or anything like that. [About 2 or 3 weeks before I was fired, my bosses had sat me down and had a discussion about "what I could do better", but there was no paperwork signed or anything formal like that, nor was I verbally warned that I was "at risk of being fired". I had gone through a "performance improvement" probation period the previous year (2017), with a performance improvement plan, but was under the impression that I had satisfactorily fulfilled the performance improvement requirements based on a follow-up review that took place in September or October of 2017.]

"When were you warned?"
2017?

Are these answers okay? Should I provide the information in brackets for each question, or no?
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Old 10-18-2018, 04:38 PM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
With this, do NOT take the call. These are questions that fired, quitters, and liars get asked. You keep saying that you were fired, so don't take the call.

I thought it was going to be about your other stuff.
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Old 10-18-2018, 07:03 PM
 
268 posts, read 205,959 times
Reputation: 101
mimzee, you say that there weren't all the follow-up questions on the form when you initially opened your claim back in April. Back then, did you have an interview call scheduled and you didn't take the call and then you were approved for benefits or...?
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Old 10-18-2018, 07:39 PM
 
19 posts, read 20,104 times
Reputation: 10
Quote:
Originally Posted by Milezsmilez View Post
mimzee, you say that there weren't all the follow-up questions on the form when you initially opened your claim back in April. Back then, did you have an interview call scheduled and you didn't take the call and then you were approved for benefits or...?
No, in addition to not having the initial follow-up questions, I never had an interview call! EDD never scheduled one. I was expecting one, but a few days after I filed the claim, I was just was approved with no fuss and started receiving benefits...and this is to reopen the claim for the same company/claim, without having worked in between, so I didn't think there would be any issue .

Also, @ Chyvan: the letter said EDD had questions about the training ("my other stuff") as well. So it seems that either I *do* take the call, and potentially lose my UI, or *don't* take the call, and go through the appeal process to receive the remainder of my benefits, but lose my chance at CTB?
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Old 10-18-2018, 07:42 PM
 
268 posts, read 205,959 times
Reputation: 101
Chyvan--does what mimzee said above make sense regarding her initial application? How could she select "Fired/discharged" (not laid-off) and then not get an interview scheduled with automatic benefits approved? Doesn't that sound like how a lay-off is treated? If she didn't select "laid-off", maybe it was an EDD mistake?
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Old 10-18-2018, 07:47 PM
 
19 posts, read 20,104 times
Reputation: 10
The only thing I can think of - assuming I didn't check "laid-off", which again, I'm fairly sure I didn't do - is that I was fired on a Tuesday and my company laid off 4 people the Friday of that week, so when I filed my claim, maybe EDD got my application mixed up with that? IDK. I was fired on 3/20 and didn't actually file my claim until the first week of April, so that's a pretty weird mistake to make with a gap like that. Is there any way to check my original claim responses?
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Old 10-18-2018, 07:56 PM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
Then just answer the CBT questions, and act clueless for the other stuff.

No, you can't see your application unless you have to appeal.
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Old 10-18-2018, 08:47 PM
 
268 posts, read 205,959 times
Reputation: 101
mimzee, if you have your original EDD paperwork from April which is sent after you apply online it should list all your answers there because they require you check it and notify them if anything looks wrong. Try to dig that up and see.



If you actually selected "laid-off", that's why no interview. As for the employer, they either didn't respond (many don't for lay-offs) or for whatever reason just agreed?



So, now that you didn't certify for the last 5 weeks, your claim was closed & you may have re-opened it with different information (fired vs. laid-off). Hopefully you can locate that paperwork....
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Old 10-19-2018, 12:31 AM
 
19 posts, read 20,104 times
Reputation: 10
Quote:
Originally Posted by Milezsmilez View Post
mimzee, if you have your original EDD paperwork from April which is sent after you apply online it should list all your answers there because they require you check it and notify them if anything looks wrong. Try to dig that up and see.



If you actually selected "laid-off", that's why no interview. As for the employer, they either didn't respond (many don't for lay-offs) or for whatever reason just agreed?



So, now that you didn't certify for the last 5 weeks, your claim was closed & you may have re-opened it with different information (fired vs. laid-off). Hopefully you can locate that paperwork....
So I located my original paperwork. It doesn't say what I put for discharged vs laid off. It does list the "reason I am no longer working there", which I put down as "Employer informed me I was no longer an employee at the beginning of my shift on 3/20." I put that because the form said "Please provide a brief explanation" and I didn't want to give any evidence against myself that my employer didn't also submit, and the claim went through fine. That's the same reason I put when I reopened the claim, word for word.

However, I located a photo I sent to a friend with my original sassy response to that question (I changed it before submission obviously), when I first filed in April, and in the photo I had clearly selected Discharged (Fired) from the dropdown for Reason No Longer Working, so i'm now 98% confident that is what I selected.
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Old 10-19-2018, 12:59 AM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
I just can't follow the sequence of events. When you first applied, the separation was adjudicated, it's over. Just because there was a gap because "you were taking care of a sick relative," doesn't change that fact.

Starting with the EFFECTIVE date of your claim, document the number of reopenings and the date and any employment after the effective date.
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