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i started getting EDD in April 2020 amd got all federal additions and extentions that lasted until Jan 2022.
my termination letter said “work performance/failure to pass probation” - i was there about 2 years
during pandemic EDD could not do interviews, so they just approved me. I was honest when i applied as i checked the “work performance” option for termination - no fraud committed on my part.
EDD recently sent me an Eligibility form with questions about my termination. since its been 3 years.. for most of the questions i answered “i dont remember”
I sent it back and called EDD and said previous employer is contesting now and i should have an EDD interview in the future.
Questions:
1) My termination letter says fired for “work performance/failure to pass probabtion” so thats proof its not miscoduct right?
2) How do i answer the phone interview questions? do i just keep saying i dont remember much because its been 3 years and the pandemic and covid was a lot to deal with and thats why i dont remember much?
3) Can i tell EDD that i did my absolute best at the job but it wasnt good enough for my employer and that my mistakes were NOT intentional? they have to prove intent to deny me right? no one can go inside my head to show intent except me right?
I DONT WANT TO BE DISQUALIFIED AFTER TBE FACT AND OWE BACK TENS OF THOUSANDS OF DOLLARS
Performance is not disqualifying unless it's based on misconduct. Misconduct can be a delicate tight-rope walk as it's kinda a moving target based on how it played out. Misconduct generally is when you can and have performed to standards but just decided to slack off. It's now also considered misconduct of you inflated your education or experience to give the false impression you were qualified for a position when you knew you were not.
As for answering EDD questions, that depends on your answer to these two questions:
1. Was this probationary period some form of overly lengthy new hire probationary period or was it based on some type of performance improvement plan?
2. What were the circumstance of you not being able to meet performance standards? Was it you never was able to do the job, a change of duties, work load changes due to staffing/process changes?
As for answering EDD questions, that depends on your answer to these two questions:
1. Was this probationary period some form of overly lengthy new hire probationary period or was it based on some type of performance improvement plan?
I worked there from Dec 2016 - April 2020. I was put on a 90 day probation right before my termination due to work performance.
2. What were the circumstance of you not being able to meet performance standards? Was it you never was able to do the job, a change of duties, work load changes due to staffing/process changes?
After I got hired, my job duties changed. I was made to drive to their regional offices which took up a lot of my time as on the road I could not work. I was also given additional job duties after I was hired.
Becuase of all the extra work and extra job duties and changes to my job given to me after I was hired, I did the best I could do with what I had.
When they changed your job duties, was it within an industry acceptable scope of the duties when hired? In other words how far off was the change from what you were hired to do?
The driving, was that while on work hours or was it your own commute to work?
When the duties and work changed, did you communicate your concerns to your superiors?
Since this is a performance issue unrelated to new hire probation or "not working out" type performance issue, you'll need to show that the work changes were the cause, not your own behavior.
When they changed your job duties, was it within an industry acceptable scope of the duties when hired? In other words how far off was the change from what you were hired to do?
I was given a much higher case load (social service job) than the regulation allows. I was asked to train other employees when I was not given training on how to train employees. I was asked to do “Home Studys” as well as doing my own case load. Normally an agency has an employee exclusivly for Home Study reports, as they are time-consuming and overwhelming.
The driving, was that while on work hours or was it your own commute to work?
It was during work hours that I had to drive to regional offices, all 2 hours away in different directions (not all in the same day of course) - keeping me away from the office so I had less time to do my office work.
When the duties and work changed, did you communicate your concerns to your superiors?
Yes many times and near the end I even emailed the owner and i have proof of that email.
I am also diagnosed with anxiety (if that helps my case) and the extra work was overwhelming and near impossible to do - anxiety or not!
Last edited by madrapper; 01-12-2023 at 11:30 AM..
In your case, I would not pretend not to remember things. It's not needed as you have other good point to go on.
I would outline your prior work load and the time it took to properly perform those jobs to your employer's standards. You want to show that prior to any changes, the job took X time to complete following the standards your employer set for that task. Play up the home studies aspects and make it sound like they also assigned you another person's job on top of your own duties. They expected you to do two separate employees duties in the same time as one person.
Play up the inability to work while traveling. Use state law and/or company policy on use of mobile devices while driving to drive home the point that you could not work while they forced you to drive and still abide by state law. Note: state law on prohibiting distracted driving holds great weight.
Bring up the training but to the extent the company refused to provide material or instructions. It's best if it's not just that you don't know how to train, but that to properly provide the training the company expected, they the company needed to provide certain resources which they fail to provide.
Do not bring up any health issue unless you have a medical professional's diagnosis with restricted work limits and you brought that up to the company and they refused to accommodate that restriction. Its a can of worms you do not want to open.
They may just decide not to fight you on this.
or
They may decide to fight you but only use truthful and accurate information.
or
They may decide to fight you with a bunch of lies and made up views.
Remember, you are not going into a fight trying to prove your right, you're going in trying to destroy the validity of anything they say. We have helped people get benefits not because they didn't engage in misconduct, they got benefits because they prevented the employer from making a case.
but… how do i defend myself if they lie and make up stories??
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