CA EDD and disability - Do I have to return to previous employer? (employment)

[sassygrl22]

I left my job on disability. My previous employer held my job for several months and then terminated my employment stating they could not hold my job open any longer (they are a small company and they do not legally have to hold it due to their company size). They sent me a letter saying they were terminating me and my benefits, but then added to please contact them to see if any positions are available when I am able to return.

My question: Can I be denied unemployment benefits if I do not contact them when I am ready to go back? Will I be asked in my interview if would return? If I tell them that I don't want to return due to an unhealthy work environment will this be disclosed to my previous employer? (I am worried my old boss would disclose my reasons for medical leave to people calling for references. He is unethical and as of now, he just knows it is medical. I tried very hard to keep this confidential).

My leave was due to mental health and my therapist has written me a letter stating that returning to this position would be detrimental to my mental health. I did not leave on workers comp, I had mental health issues and my work merely aggravated my conditions.

My phone interview is coming up. Any advice for dealing with this situation?

Thanks

[TimC2462]

Originally Posted by sassygrl22

I left my job on disability. My previous employer held my job for several months and then terminated my employment stating they could not hold my job open any longer (they are a small company and they do not legally have to hold it due to their company size). They sent me a letter saying they were terminating me and my benefits, but then added to please contact them to see if any positions are available when I am able to return.

My question: Can I be denied unemployment benefits if I do not contact them when I am ready to go back? Will I be asked in my interview if would return? If I tell them that I don't want to return due to an unhealthy work environment will this be disclosed to my previous employer? (I am worried my old boss would disclose my reasons for medical leave to people calling for references. He is unethical and as of now, he just knows it is medical. I tried very hard to keep this confidential).

My leave was due to mental health and my therapist has written me a letter stating that returning to this position would be detrimental to my mental health. I did not leave on workers comp, I had mental health issues and my work merely aggravated my conditions.

My phone interview is coming up. Any advice for dealing with this situation?

Thanks

Both parties (employer and employee) can game the system to their benefit.

The best advice I can give you is don't lie. I've been on the employer side in dealing with unemployment benefits with former employees. I have also appeared before EDD judge where the hearing has caught my former employees lying about things when I have provided written document as evidence.

Keep in mind that the employer has the right to appeal the decision and request a formal hearing where you would be asked to show up. If you are a no show, then the judge can rule that you declined to appear and your benefits would be forfeited.

Again, my advice to you is don't lie. EDD takes it very seriously when you falsify a claim. The employer *will* get notified about your reason claiming unemployment benefits, since they are the one paying into the system on your behalf.