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I meant the issue that's going on now is my employer is appealing CA decision to give me unemployment benefits. Chyvan said wait till end of day tomorrow, but my anxiety about this is not gonna be able too.... I need to know why its showing $0.00 in the "claim history" sections and for the last month it's never done that. I think EDD automatically stops benefits ( to maybe protect you from possible overpayment??) during an appeal from your employer untill you call and tell them to reinstate it. I'll find out tomorrow and update you guys!
I think EDD automatically stops benefits ( to maybe protect you from possible overpayment??) during an appeal from your employer untill you call and tell them to reinstate it. I'll find out tomorrow and update you guys!
No, they don't. The norm is to pay benefits unless there was something special about your claim that prevented EDD from investigating your claim. EDD investigated. You said they called you. They said social media has it's own rules that doesn't necessarily align with an employer's.
Sundays aren't like other days. Sometimes maintenance on the system is done, and the screens don't always work the way you've seen them work in the past. That's why you need to wait until Monday so that things have a chance to be up and running and do what they should have done while maintenance was taking place.
No, they don't. The norm is to pay benefits unless there was something special about your claim that prevented EDD from investigating your claim. EDD investigated. You said they called you. They said social media has it's own rules that doesn't necessarily align with an employer's.
Sundays aren't like other days. Sometimes maintenance on the system is done, and the screens don't always work the way you've seen them work in the past. That's why you need to wait until Monday so that things have a chance to be up and running and do what they should have done while maintenance was taking place.
I get what you saying. I just wanna nip it in the butt and know the problem if there is one.
YES you right Chyvan EDD did investigate.... According to the Deputy who I did the phone interview said the EDD views on a social media violation interms of misconduct is different from what my bus company fired me for. So he said they couldn't use that. So they used the delay in calling for help for guy #1. The deputy told me that my Manager laid it on THICK for him.... meaning she was making alot of assumptions and making it seem like I was excitedly watching this man get beat to death, taking out bets on who would win and THEN call for help.... then she added my "attendance" as a "contributing factor" and he told her she can't add on. He told her that she had to state the EXACT reason i was fired that EDD can investigate. Since she couldn't use the Social media violation she said the delay in calling Dispatch. Which he said MY explanation of the events was more in line with what would be reasonable. Even tho his tone was neutral with me i could tell he saw through her bull****. He's been doing this for 8 years i think he said. My Director (Bus Manager) is no joke!
She also told the Deputy that the company's displeasure about how I handled the situation in calling dispatch would not alone have gotten me fired! It was my social media post to the PRIVATE bus operator Facebook group that got me fired.
YES you right Chyvan EDD did investigate.... According to the Deputy who I did the phone interview said the EDD views on a social media violation interms of misconduct is different from what my bus company fired me for. So he said they couldn't use that. So they used the delay in calling for help for guy #1. The deputy told me that my Manager laid it on THICK for him.... meaning she was making alot of assumptions and making it seem like I was excitedly watching this man get beat to death, taking out bets on who would win and THEN call for help.... then she added my "attendance" as a "contributing factor" and he told her she can't add on. He told her that she had to state the EXACT reason i was fired that EDD can investigate. Since she couldn't use the Social media violation she said the delay in calling Dispatch. Which he said MY explanation of the events was more in line with what would be reasonable. Even tho his tone was neutral with me i could tell he saw through her bull****. He's been doing this for 8 years i think he said. My Director (Bus Manager) is no joke!
Everything you're saying just reinforces the idea that your benefits will NOT be suspended pending the appeal. EDD not only talked to you, but your manager too.
Just wait. There are people that need to REopen their claim, and those people HAVE to get through. You calling won't change anything. If you want to communicate to EDD that you don't want your benefits suspended while going to appeal, then send an email through "ask EDD," explaining that you want to continue to be paid until or if a decision is rendered to take away your benefits. They can process your request between calls or after the phone lines close. You'll accomplish the same thing (even though I think it's unnecessary), and you won't be on hold.
I meant the issue that's going on now is my employer is appealing CA decision to give me unemployment benefits. Chyvan said wait till end of day tomorrow, but my anxiety about this is not gonna be able too.... I need to know why its showing $0.00 in the "claim history" sections and for the last month it's never done that. I think EDD automatically stops benefits ( to maybe protect you from possible overpayment??) during an appeal from your employer untill you call and tell them to reinstate it. I'll find out tomorrow and update you guys!
No. They do not - that is why I was thinking there was something else in play here.
No. They do not - that is why I was thinking there was something else in play here.
Well i can't think of anything else that would be in play. I'll find out in about hour or so. If the getting benefits while employer appeals has changed, I'll let you guys know. I hope to God it has not cause a possible 4+ weeks of not getting paid is not ideal. I know i can win this appeal. I genuinely did my job to the best of my ability in regards to that stressful potentially life threatening event that happened on/outside my bus.... there was No misconduct (WHICH IS WHY I WAS APPROVED BY CA EDD IN THE 1ST PLACE) !! My job just didn't like the way i handled the situation which in "their minds" its misconduct smh
If the getting benefits while employer appeals has changed,
It can't change. Java v CA was a court case that went all the way to the Supreme Court of the United States. The precedent has been set.
Quote:
Originally Posted by Datryl67
there was No misconduct (WHICH IS WHY I WAS APPROVED BY CA EDD IN THE 1ST PLACE) !!
This is the mistake that claimants make. I call it, "I already won once."
I was denied UI 5 times, and I kept appealing. I eventually won. It's the one that wins LAST regardless what really happened that matters.
That's why you need the appeal file which you will eventually have access to so that you can treat this for the serious matter that it is. You have to make sure that the adjudication you received can be repeated at the hearing.
He was denied twice, and then won. My logic to him that his employer busted a deal was eventually found to be the more correct way to adjudicate the claim.
You need to figure out WHY the employer thinks you committed misconduct, and then we will see if that was a sound basis, and what the employer will have to prove to make that conclusion stick.
It can't change. Java v CA was a court case that went all the way to the Supreme Court of the United States. The precedent has been set.
This is the mistake that claimants make. I call it, "I already won once."
I was denied UI 5 times, and I kept appealing. I eventually won. It's the one that wins LAST regardless what really happened that matters.
That's why you need the appeal file which you will eventually have access to so that you can treat this for the serious matter that it is. You have to make sure that the adjudication you received can be repeated at the hearing.
He was denied twice, and then won. My logic to him that his employer busted a deal was eventually found to be the more correct way to adjudicate the claim.
You need to figure out WHY the employer thinks you committed misconduct, and then we will see if that was a sound basis, and what the employer will have to prove to make that conclusion stick.
Chyvan.... I told you why in my long story about what happened. It was the 4min delay (Their words) in calling dispatch for the argument between guy#1 and guy#2 and the Facebook post and Commentary that i made in that private group. Those 2 things is why i got fired. I mentioned that. Those two things is what my company is calling misconduct.
The continued of benefits while on Appeal is NOT automatic anymore. In the letter EDD sends you, you have to put in writing that you want your benefits continued while on appeal. I feel little bit relieved. Now to figure out this whole appeal with my former employer.
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