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Old 06-28-2012, 08:31 AM
 
4 posts, read 76,944 times
Reputation: 13

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question for anyone. I filed for unemployment in 2010. i got benefits for almost two years. just after 24 months, i get a letter stating i owe them all the money they paid me because the reason i put on my application was not good enough. I can live with that. If it wasnt good enough then please deny me..right after I applied. Not two years. They let me accumulate all this money and then drop the hammer on me.
I was a substitute teacher who was not offered a summer teaching job so I had to move away. I could have not afforded to pay for rent and utilities with no income.
I just think this is really unfair what they did. Does EDD have a certain amount of time they have to notify someone if they qualify or not. I applied and they sent me checks, so I was under the impression I qualified!! I went through the appeal process and even had my hearing today. I get my decision next week, but the Ad Judge didnt seem too positive IMO.
What do you guys think?
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Old 06-28-2012, 02:58 PM
 
109 posts, read 424,227 times
Reputation: 68
Quote:
Originally Posted by californiaisnotcool View Post
question for anyone. I filed for unemployment in 2010. i got benefits for almost two years. just after 24 months, i get a letter stating i owe them all the money they paid me because the reason i put on my application was not good enough. I can live with that. If it wasnt good enough then please deny me..right after I applied. Not two years. They let me accumulate all this money and then drop the hammer on me.
I was a substitute teacher who was not offered a summer teaching job so I had to move away. I could have not afforded to pay for rent and utilities with no income.
I just think this is really unfair what they did. Does EDD have a certain amount of time they have to notify someone if they qualify or not. I applied and they sent me checks, so I was under the impression I qualified!! I went through the appeal process and even had my hearing today. I get my decision next week, but the Ad Judge didnt seem too positive IMO.
What do you guys think?
I'm a substitute teacher here in California too and I have been collecting UI benefits off and on since 2003 and am fairly well versed on UI Code especially pertaining to school employees. I suggest you read the EDD handbook of School Employers at this web-site http://www.edd.ca.gov/pdf_pub_ctr/de3450sef.pdf

I have a couple of questions.
.
First: Back in 2010, did you originally file during the summer of that year or did you wait until school started back up in the fall?

Secondly, Did you have an eligibility interview back in 2010 when you filed your first claim? What was discussed during that interview? Hopefully you kept notes.

Third, Exactly why did EDD find you ineligible? Because you quit or because you filed during a school recess period? You need to be more specific as school employees have a few "unique" disqualify factors with respect to when they file.

Lastly, What was your defense in contesting EDD's decision to rescind your eligibility two years after the fact?

If you have no defense and you want to buy time if the ALJ rules against you, then you can still appeal his/her decision to the California Unemployment Appeals Board (CUIAB) usually because the ALJ misapplied some section/provision of the Unemployment Code. The CUIAB rarely excepts new evidence. So you have to find something the ALJ did wrong. Anyway the appeal is free and will delay repayment for another couple of months-at least-and if you lose that round too, then you could delay things for another six months to a year by appealing the CUIAB's decision in a California Superior Court-which will cost you filing fees. Again you have to have some point of law to contest.

Carol-Lynn
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Old 06-28-2012, 04:09 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Not much I am able to tell you, honestly. If you had come here before the appeal hearing, a lot of us could have helped you and given you tips and insight based on experience. At this point, even further appeals are pretty much going to be based on what happened today.

Best of luck
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Old 06-28-2012, 05:44 PM
 
4 posts, read 76,944 times
Reputation: 13
Quote:
Originally Posted by carol7lynn View Post
I'm a substitute teacher here in California too and I have been collecting UI benefits off and on since 2003 and am fairly well versed on UI Code especially pertaining to school employees. I suggest you read the EDD handbook of School Employers at this web-site http://www.edd.ca.gov/pdf_pub_ctr/de3450sef.pdf

I have a couple of questions.
.
First: Back in 2010, did you originally file during the summer of that year or did you wait until school started back up in the fall?

Secondly, Did you have an eligibility interview back in 2010 when you filed your first claim? What was discussed during that interview? Hopefully you kept notes.

Third, Exactly why did EDD find you ineligible? Because you quit or because you filed during a school recess period? You need to be more specific as school employees have a few "unique" disqualify factors with respect to when they file.

Lastly, What was your defense in contesting EDD's decision to rescind your eligibility two years after the fact?

If you have no defense and you want to buy time if the ALJ rules against you, then you can still appeal his/her decision to the California Unemployment Appeals Board (CUIAB) usually because the ALJ misapplied some section/provision of the Unemployment Code. The CUIAB rarely excepts new evidence. So you have to find something the ALJ did wrong. Anyway the appeal is free and will delay repayment for another couple of months-at least-and if you lose that round too, then you could delay things for another six months to a year by appealing the CUIAB's decision in a California Superior Court-which will cost you filing fees. Again you have to have some point of law to contest.

Carol-Lynn
Carol, I applied once I knew I wasnt going to have a Summer position. I had worked Summer schools in the past, but the cutbacks were affecting our school district. They were limiting the number of classes to students, and most full time teachers were first in line for these jobs. I had been living on my own and wouldnt had been able to stay afloat without a job. So mid June is when I decided to move down to LA with my Mom.
I never received an eligibility interview. I was expecting it because many years ago I had one. My friend mentioned she didnt have one so I thought it was not too uncommon. Especially when the checks arrived a few weeks later.
EDD said I provided false information on my application. Which I didnt. I simply put I was moving out of the area because I had no job. I came to LA and still could not get a subbing job. Apparently, the district is saying I "quit", and I could of worked until late June. Weird, but most schools ended first or second week of June. And if I could of worked, why didnt they offer me a job.
My defense, well, the ALJ wouldnt let me say a word. She at one point said," I am not EDD" after I tried to mentioned something about my appeal. I thought maybe she would have seen somewhere in the file that it took 2 years for them to figure it out.
Once again, if my reason for applying for Unemployment was not "good enough", then they should have disqualifed me before they sent me checks. If someone fell asleep on the job and forgot to call me for my eligilbility interview, that is not my fault. I dont qualify myself. I simply filled out the application like the millions of people do everyday.
I just think its unfair. I also felt the ALJ threw her weight around and kept me silent.
Thanks
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Old 06-29-2012, 11:35 AM
 
109 posts, read 424,227 times
Reputation: 68
Quote:
Originally Posted by californiaisnotcool View Post
Carol, I applied once I knew I wasnt going to have a Summer position. I had worked Summer schools in the past, but the cutbacks were affecting our school district. They were limiting the number of classes to students, and most full time teachers were first in line for these jobs. I had been living on my own and wouldnt had been able to stay afloat without a job. So mid June is when I decided to move down to LA with my Mom.
I never received an eligibility interview. I was expecting it because many years ago I had one. My friend mentioned she didnt have one so I thought it was not too uncommon. Especially when the checks arrived a few weeks later.
EDD said I provided false information on my application. Which I didnt. I simply put I was moving out of the area because I had no job. I came to LA and still could not get a subbing job. Apparently, the district is saying I "quit", and I could of worked until late June. Weird, but most schools ended first or second week of June. And if I could of worked, why didnt they offer me a job.

My defense, well, the ALJ wouldnt let me say a word. She at one point said," I am not EDD" after I tried to mentioned something about my appeal. I thought maybe she would have seen somewhere in the file that it took 2 years for them to figure it out.
Once again, if my reason for applying for Unemployment was not "good enough", then they should have disqualifed me before they sent me checks. If someone fell asleep on the job and forgot to call me for my eligilbility interview, that is not my fault. I dont qualify myself. I simply filled out the application like the millions of people do everyday.
I just think its unfair. I also felt the ALJ threw her weight around and kept me silent.
Thanks
Thanks for the info.

Your defense, if I am not wrong, is Agency Error and maybe also Employer Error. Read this section of EDD guidelines Overpayments

So, my next question is: When did the district notify EDD that you quit-in the summer of 2010 or this year? Normally the district has ten days to respond to EDD notifications including a Notice of Eligibility. If they did not respond in 2010 and waited until 2012 then you may have a case of Employer Error as they are mandated to respond in a timely manner and must prove extenuating circumstances if they do not.

An aside: Were you, by any chance, collecting UI benefits during the school year right before summer school? That may be one of the reasons EDD dropped the ball. But it sounds as if you did not do this. Clarify please.

Next. *-You had the right to review your case-file right before the hearing which would have contained a lot of information you could have used at the hearing in your defense if it was agency or employer error. Hopefully you did that. If you didn't review your case-file do it now. You should also request a copy of the ALJ hearing transcript too (which also comes with a CD-they record the hearing and you have a right to that recording.) This is important because either the district "protested," at some point, your eligibility or EDD caught the overpayment via an audit. You need to find out the "how" as well as the "when" it happened.

Silver Lining: If they do find you ineligible it may not be for the entire two year period of time unless they are also accusing you of fraud. Did they? Doesn't sound like it but I could be wrong.

In short, if it's non-fraud and you really had no compelling reason to quit during the summer of 2010 (Like you had an eviction notice and had to move back home and out of the area (more than fifty miles from your then employer) to avoid being homeless.), then they may only hold you ineligible for x number of weeks (perhaps the summer of 2010) as punishment for quitting without good cause. Also, non-fraud claims can be forgiven. Check this out: Overpayments In short, your circumstances have to be of a concrete (not anticipatory) and immediate nature (already happened or just about to happen) not one that may or may not happen (i.e., I probably won't be able to meet my daily needs.)

I was once over-paid due to EDD error (too long of a story to go into here), and the school district protested but here is the good news; the debt was forgiven because EDD called the wrong employer (A past employer with a similar name to my then current employer.) to verify information that I had given them-not my fault. I went to an ALJ hearing and everything else and although I lost (EDD paid me for a two-week Christmas break when they shouldn't have.) I still got to keep the money because EDD erred.

School districts are notorious for misrepresenting the facts and EDD is notorious for not always resolving conflicting stories between you and the district as obviously happened to you. Here's my story where both things happened!

During the summer of 2010, the district that I was working for at that time, told EDD that the were going to break for summer vacation (at the end of May 2010) two weeks before they actually did (June 9, 2010: BTW I only found this out after reading my case-file 15 minutes prior to my ALJ hearing) and my claim for UI benefits for the last two weeks of the school year was summarily denied because EDD ruled that the district was in recess during those two weeks when they weren't and-get this-the EDD interviewer who called from the adjudication center at the end of June (for an eligibility determination for those two weeks) failed, as mandated, to contact the district "to resolve a conflict of information (When the district actually broke for summer recess) between the employer and the employee" after I told her that the district misrepresented when summer recess began and I had the documentation (A copy of my time card and a copy of my SubFinder assignments for those two weeks.) to prove that they couldn't have been in recess if I worked. She refused to listen to me, ruled me ineligible and I had to appeal her decision. I eventually won but it took me four months to get a hearing and another three weeks to get the decision and collect.

Lastly, if you really have no grounds for an appeal then you could also try making a case of being indigent and unable to re-pay it. Remember, if your not working and have no assets they can attach (including tax refunds, bank accounts, or pay-checks etc.) then the worst that EDD can do is sue you in Superior Court, get a judgment against you and try to collect. I don't know if bankruptcy would clear this debt, but you could check. So relax they can't throw you in jail.

Carol-Lynn


,
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Old 06-29-2012, 01:00 PM
 
14,500 posts, read 31,061,750 times
Reputation: 2562
Carol-Lynn, you are just an amazing wealth of information. You're one of those rare people that knows more about a very vital area of unemployment that anyone should be so unfortunate to acquire because the only way to be so experienced is because you got pushed around a lot. I'm so glad to see you've got the backbone to handle it and won.
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Old 06-30-2012, 10:15 AM
 
109 posts, read 424,227 times
Reputation: 68
Quote:
Originally Posted by Chyvan View Post
Carol-Lynn, you are just an amazing wealth of information. You're one of those rare people that knows more about a very vital area of unemployment that anyone should be so unfortunate to acquire because the only way to be so experienced is because you got pushed around a lot. I'm so glad to see you've got the backbone to handle it and won.
Thanks. Made my day!

You would not believe what the last district that I worked for put me through because I filed for and collected UI benefits during the times that school was in session and they failed to offer me work or worked me less than my weekly benefit.

You see a lot of substitute teachers and instructional aides, for that matter, don't realize that once the school year starts, you are eligible for UI benefits if you are working less than full time. I didn't know this for years until one elderly gentlemen told me about how and when to file. That was back in 2003.

Districts will oftentimes try to prevent you from collecting benefits when they don't work you enough by doing everything that they can to set you up from calling you long after the school day has started (Most districts state in their sub manuals that they may call you for same day assignments as late as 12:00 P.M.), offering you less than even half-day assignments (I once accepted a 2 hr assignment.) or offer you assignments out of your job classification (certificated) that no one else wants like traveling P.E. aide (classified.) And, you'd better answer the phone (in other not dodge calls) because the district can then turn around and tell EDD that you weren't available which EDD considers to be the same as a refusal to work-especially if it happens before the school day starts.

I found this fact out by researching SubFinder reporting procedures on-line. One California county UI Technicians sent out a memo, which was published on-line for some odd reason, advising all district H.R. technicians to run and submit SubFinder reports to fight school employee claims. These reports will actually list all jobs offered or jobs you accessed on a second by second basis. If you even look at a job and by-pass the job and do not accept any other job for that school day then district could make a case that you refused work when you technically didn't-i.e. didn't refuse just by-passed.

And, if all else fails, the district will sometimes throw enough mud in hopes that something might stick or teachers/schools will require subs to do things that the regular teacher wouldn't even deign to do. And, the stuff those teachers pull would curl the hair on the back of your neck; from making you vacuum their rug (I literally was told to do this by one teacher in her lesson plans.) to doing another grade-level teacher's playground duty, as well as the absent teachers meaning you may not even see a bathroom from 7:30 a.m. until lunch time. That's one reason a lot of subs will only work high school but if you restrict your self to working only high school in a K-12 district then the district can complain to EDD. They might not win but again throw enough mud.

And, if it's early out, and you're subbing at an elementary school, don't even dream about going home, even though you'll notice a few teachers skating out early. Most teachers will make you do their scut-work or another team teacher's scut. For example I have been required to take down bulletin boards, stand on student chairs (and I was 63 years old at the time) to remove hanging mobiles from ceiling tiles, and spend three hours making confetti by using a 3-ring-hole punch for a parent's party, etc. or manually sharping pencils for state testing until I got a blister on my thumb. If you refuse then the have grounds to write you up (for not following the lesson plans.) If you get three negative evaluations in your file in a given school year, then the district will usually terminate you but a lot of districts are even sneaky about firing you so you get manipulating into not filing for benefits in a timely manner.

What they normally do is program the SubFinder system to stop calling you or offering you jobs when you log-in. They won't restrict you from logging in because then you might go and file for UI benefits or, if nothing else, call H.R. to see what is going on which they obviously don't want you to do or they wouldn't have frozen you-out.

Then, in April (as mandated by law) they either don't send you a "Notice of Reasonable Assurance" (of work in the next school year commensurate to what you did in the current school year) to manipulate into thinking that you haven't been terminated (meaning you won't file for UI benefits in April and benefits over the up-coming summer recess which you would otherwise now be eligible to because you won't have a job in the new school year) or even worse, they do send you a "Notice of Reasonable Assurance" (Districts began sending out NOAs about ten or so years ago to prevent subs (certificated or classified) from collecting UI benefits during summer and all school recess periods including Thanksgiving, Christmas, and Spring break-essentially 16 weeks of UI benefits a calendar year.) anyway, knowing full well you are persona non gratis, and keep you active in SubFinder continuing the charade when the new school year commences in the fall to make you "appear employed" when you are, in actually, dead in the water, also effectively manipulating you into requesting retroactive benefits for the summer recess. This keeps their UI rate lower than they really would be. Nice!

Here's the worst case of abuse I went through.

In December 2010, the district that I was working for, protested a claim that I submitted for a week ending the first week of that month when, despite practically living on SuibFinder, the district failed to offer me any work and was not in recess. The district protest the claim and EDD ended up scheduling me for three different eligibility interviews about the same thing (Was the district in recess when I filed.) over the next three weeks-I kid you not.

The district had nothing on me because (a) they weren't on break so school was in session (2) I did not refuse any work. and (3) I had always reported any income earned to EDD as required when and if I did file prior and including the claim in question. So, long story short, I knew that the district was trying to jerk me around by feeding EDD a load of B.S. but I also knew my rights and I knew my hands were clean and that I the truth would win out. And, it did. My claim was eventually paid-a month late but it was paid.

This is the same district that told EDD the previous May, that the school year ended two weeks before it actually did. Heartless!

Anyway, back to my story the only thing EDD asked me each time that they called me that December, was whether or not the district was in recess (when no school employee as stated in my previous post is eligible for UI benefits except in certain circumstances.) They literally only gave me three days notice for the first of those three interviews which I found highly questionable on EDD's part-not the district.

Three days? Seriously? What if I wasn't home to take EDD's call and could not get through to EDD (which everyone who had ever tried to call EDD knows is a very distinct possibility) to return their missed call. The second interview was scheduled for XMAS Eve and the last interview (scheduled for Dec. 28th) got cancelled because I called the adjudication center, when I got the third EDD notice, and complained to a supervisor that what the district was doing, bordered on harassment if not out and out manipulation. Over the years I've had to call the adjudication center on a couple of previous occasions and luckily kept good notes and had their number close at hand as well as the supervisor's name. Knowledge is power. Also, playing it straight works too.

One EDD rep told me this past September that he never saw so many notes in a claimant's file before and he said, just like you, "Most people would have given up by now." Sad, because schools pay subs 1/3rd what they pay the lowest paid teacher (when you factor in benefits.) and then they turn around and manipulate us or the situation so that they can also keep from paying higher UI insurance rates. I know it's not personal but it sucks.

Thanks again for your words of praise. I only seek to help others who don't have the ability or the time to research their rights so that they are not deprived of what is rightfully theirs which I think has happened with the original poster on this thread who probably was jerked around too and got so fed up quit.

My advise for all subs-Never quit. Let the district be "the moving party" because then the burden of proof falls on the district and not you and you have to be found guilty of "gross misconduct" if they fire you which they have to prove-not you.

Carol-Lynn
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Old 07-03-2012, 05:44 PM
 
4 posts, read 76,944 times
Reputation: 13
UPDATE: I got my decision this afternoon and issues were overturned!! I dont owe anything. They found me to have good cause. What a huge relief. Thanks for the advice Carol. Have a great summer.
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Old 02-07-2014, 01:30 PM
 
2 posts, read 29,926 times
Reputation: 11
Default Overturn Judgements

Quote:
Originally Posted by carol7lynn View Post
Thanks for the info.

Your defense, if I am not wrong, is Agency Error and maybe also Employer Error. Read this section of EDD guidelines Overpayments

So, my next question is: When did the district notify EDD that you quit-in the summer of 2010 or this year? Normally the district has ten days to respond to EDD notifications including a Notice of Eligibility. If they did not respond in 2010 and waited until 2012 then you may have a case of Employer Error as they are mandated to respond in a timely manner and must prove extenuating circumstances if they do not.

An aside: Were you, by any chance, collecting UI benefits during the school year right before summer school? That may be one of the reasons EDD dropped the ball. But it sounds as if you did not do this. Clarify please.

Next. *-You had the right to review your case-file right before the hearing which would have contained a lot of information you could have used at the hearing in your defense if it was agency or employer error. Hopefully you did that. If you didn't review your case-file do it now. You should also request a copy of the ALJ hearing transcript too (which also comes with a CD-they record the hearing and you have a right to that recording.) This is important because either the district "protested," at some point, your eligibility or EDD caught the overpayment via an audit. You need to find out the "how" as well as the "when" it happened.

Silver Lining: If they do find you ineligible it may not be for the entire two year period of time unless they are also accusing you of fraud. Did they? Doesn't sound like it but I could be wrong.

In short, if it's non-fraud and you really had no compelling reason to quit during the summer of 2010 (Like you had an eviction notice and had to move back home and out of the area (more than fifty miles from your then employer) to avoid being homeless.), then they may only hold you ineligible for x number of weeks (perhaps the summer of 2010) as punishment for quitting without good cause. Also, non-fraud claims can be forgiven. Check this out: Overpayments In short, your circumstances have to be of a concrete (not anticipatory) and immediate nature (already happened or just about to happen) not one that may or may not happen (i.e., I probably won't be able to meet my daily needs.)

I was once over-paid due to EDD error (too long of a story to go into here), and the school district protested but here is the good news; the debt was forgiven because EDD called the wrong employer (A past employer with a similar name to my then current employer.) to verify information that I had given them-not my fault. I went to an ALJ hearing and everything else and although I lost (EDD paid me for a two-week Christmas break when they shouldn't have.) I still got to keep the money because EDD erred.

School districts are notorious for misrepresenting the facts and EDD is notorious for not always resolving conflicting stories between you and the district as obviously happened to you. Here's my story where both things happened!

During the summer of 2010, the district that I was working for at that time, told EDD that the were going to break for summer vacation (at the end of May 2010) two weeks before they actually did (June 9, 2010: BTW I only found this out after reading my case-file 15 minutes prior to my ALJ hearing) and my claim for UI benefits for the last two weeks of the school year was summarily denied because EDD ruled that the district was in recess during those two weeks when they weren't and-get this-the EDD interviewer who called from the adjudication center at the end of June (for an eligibility determination for those two weeks) failed, as mandated, to contact the district "to resolve a conflict of information (When the district actually broke for summer recess) between the employer and the employee" after I told her that the district misrepresented when summer recess began and I had the documentation (A copy of my time card and a copy of my SubFinder assignments for those two weeks.) to prove that they couldn't have been in recess if I worked. She refused to listen to me, ruled me ineligible and I had to appeal her decision. I eventually won but it took me four months to get a hearing and another three weeks to get the decision and collect.

Lastly, if you really have no grounds for an appeal then you could also try making a case of being indigent and unable to re-pay it. Remember, if your not working and have no assets they can attach (including tax refunds, bank accounts, or pay-checks etc.) then the worst that EDD can do is sue you in Superior Court, get a judgment against you and try to collect. I don't know if bankruptcy would clear this debt, but you could check. So relax they can't throw you in jail.

Carol-Lynn


,
Thanks. Do you know a good Lawyer for my case. I am trying to over turn a judgement against me from the EDD and Robert Half Corp.
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Old 02-22-2014, 09:03 PM
 
2 posts, read 29,926 times
Reputation: 11
I am looking for a lawfirm to help me with my case. Similar case to Californiaisnotcool.

Can I sue my former employer for everything due to initiating a fraud of reporting termination status to EDD and EDD Unemployment disqualification resulting into a judgement and Bankruptcy which caused a major hardship and damage to my financial status, credibility and emotional health?

I worked for Robert Half Corp on a temp to perm status for approximately 3 months. During the events at the last project site on March 1 2010, I disagreed with my onsite supervisor about carpooling to the last project site and was very unhappy with the accommodations. Even though I was unhappy with the accommodations, I didn't quit. I told my supervisor that I was going to use my own vehicle to carpool and would meet them at the last project site. Other team members were also granted to use their own vehicle as well (which was noted during the trial) instead of carpooling as well. Other team members were not happy with the accommodations as well but also didn't quit. Our site supervisor (not recruiter) said we could use our own vehicles as an option to carpooling for the last project site. So I agreed to continue to work (the edd judge stated that I did not accept the second segment which was the last project and quit). The next day (3/2/2010), I called my recruiter (not site supervisor) for logistic information on the last site to work. My recruiter never responded back to me with the logistic info. I called everyday (which was indicated in the initial plea and EDD requirements) for work and was never called back (the EDD judge stated I waited and didn't call my former employee - which is a lie). After calling him (recruiter) everyday for work and logistic info for the last site, my former employer on March 5 2010 finally contacted me via e-mail but for a different reason. I had to fill out an expense report for the job in LA on March 2 2010. I asked my recruiter at that point if I was going to Bakersfield for the last project. He didn't reply and was never given me any written notice of termination. The following week, I then filed for unemployment benefits due to being laid off at that point.

I was initially awarded Unemployment benefits due to being "laid off" by my former employer (Robert Half Corp) during March of 2010. Obviously during the first 2 weeks of probation period by EDD (to confirm my termination status), my former employer must have reported to EDD that my status of termination was "Layoff" at that point in time (March 2010) which then qualifies me for benefits. My former employer after 8 months then reported to the EDD that I "quit" which resulted into a disqualification. Robert Half Corp dated letter on Oct 27 2010 by EDD audit indicated that I quit. The VA EDD representative told me at that point that my former employer just committed a fraud against me and should seek justice and damages for it.

I then went to court and lost due to the court Reporter indicated that I "quit" my job, no credibility and a very improbable cause on my initial court hearing. That is wrong. The EDD judge didn't read my initial plea which indicated that I do have credibility and probable cause to seek permanent employment and indicated I never quit - the initial plea was written by a VA EDD representative who is retired and no longer at the Norwalk EDD branch but can be suppinad. She told me I can call her in as a witness.

I then appealed which I tried to indicated the mistakes of the first hearing, unfortunately, I lost again.

I haven't turned in my third appeal "Writ of Mandat" yet.

Most of all the people I've spoken to including the Dept of Veterans Affairs case managers stated that employers can't do that to people (like myself) and is very fraudelent. She (EDD VA rep) also stated to me that employers do this scam on former employees all the time. Employers can't change their decision of a former employees' termination status after the EDD initial findings during the probation period of a claim.

Robert Half Corp must have reported to EDD that I was laid off during March of 2010, then changed it in Oct 27 2010 (8 months of collecting Unemployment benefits). That's fraud and a scam. I concurr with the EDD Veterans Affairs Representative who can help me. She wrote the initial plea for me that's why the handwritting is different in the appeal form.

I'll be happy to provide you with all the paperwork and indicate Robert Half Corp and EDD judges mistakes and would like to change the outcome of this and provide a closure.

Can I still overturn this disqualification or is it too late? I haven't done a writ of mandate yet. I've been sent a legal notice from EDD and will soon start garnishing my wages. I was told to file Ch 13 at this point to reduce the garnishment.

Last edited by erc1surf; 02-22-2014 at 09:09 PM.. Reason: Added additional info.
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