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I just received a notice of determination letter from California EDD. I am getting many different opinions online and from friends and family members to exactly what this means. Can anyone please let me know if I will receive benefits or if I need to file an appeal. Thank you!
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT INSURANCE CODE 1257A BEGINNING XX/XX/XX UNTIL YOU HAVE FILED A CLAIM FOR EACH OF 02 WEEKS IN WHICH YOU ARE OTHERWISE ELIGIBLE FOR BENEFITS.
YOU GAVE THE DEPARTMENT INCORRECT INFORMATION, OR WITHHELD INFORMATION, CONCERNING WHY YOU ARE NO LONGER WORKING ON YOUR JOB FOR "COMPANY NAME". AFTER CONSIDERING AVAILABLE INFORMATION, THE DEPARTMENT FINDS THAT YOU DO NOT MEET THE LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS. SECTION 1257A PROVIDES - AN INDIVIDUAL IS DISQUALIFIED IF HE WILLFULLY MAKES A FALSE STATEMENT OR WITHHOLDS RELEVANT INFORMATION TO OBTAIN BENEFITS. SECTION 1260C PROVIDES - AN INDIVIDUAL DISQUALIFIED UNDER SECTION 1257A IS INELIGIBLE FOR BENEFITS FROM 2 TO 15 WEEKS IF BENEFITS WERE NOT PAID AS A RESULT OF THE MISSTATEMENT OR OMMISION. HE OR SHE MUST SUBMIT A CONTINUED CLAIM FORM TO THE FIELD OFFICE TO COVER EACH WEEK AND MEET ALL ELIGIBILITY REQUIREMENTS. NO BENEFITS ARE PAYABLE FOR THREE YEARS FROM THE ORIGINAL EFFECTIVE DATE OF THIS DISQUALIFICATION UNLESS IT IS SATISFIED AT AN EARLIER DATE AND YOU ARE OTHERWISE ELIGIBLE.
APPEAL:
YOU HAVE THE RIGHT TO FILE AN APPEAL IF YOU DO NOT AGREE WITH ALL OR PART OF THIS DECISION.
You will receive benefits after you have served CA's normal one-week waiting period, plus two additional penalty weeks, beginning with the date of your claim.
This is the language that applies to you:
Quote:
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT INSURANCE CODE 1257A BEGINNING XX/XX/XX UNTIL YOU HAVE FILED A CLAIM FOR EACH OF 02 WEEKS IN WHICH YOU ARE OTHERWISE ELIGIBLE FOR BENEFITS.
AN INDIVIDUAL DISQUALIFIED UNDER SECTION 1257A IS INELIGIBLE FOR BENEFITS FROM 2 TO 15 WEEKS IF BENEFITS WERE NOT PAID AS A RESULT OF THE MISSTATEMENT OR OMMISION. HE OR SHE MUST SUBMIT A CONTINUED CLAIM FORM TO THE FIELD OFFICE TO COVER EACH WEEK AND MEET ALL ELIGIBILITY REQUIREMENTS.
That other language on three years only applies, in your case, if you don't file claims for your two penalty weeks, say you find another job, and then open a new claim at a later date. If that would happen in the next three years, you'd still have to go two additional weeks without payment.
Just submit claims for those two weeks and your benefits will begin thereafter. This is a very minor penalty. You can appeal if you want. If you win, CA will pay you for those two weeks. Otherwise, you'll eventually collect those two weeks if you claim for 26 weeks, or whatever number of weeks your claim provides.
I agree that you'll get benefits after you claim for two weeks beyond your one-week waiting period.
However, I disagree that you'll could eventually get those two weeks. To me, they are a penalty, and you'll always be two weeks short of what you could have received.
Regardless, I think you should appeal any way. This has been coming up more regularly. It's always been a case of you said "laid off," and the employer says "discharged." If you walked out of work on your last day thinking you were laid off because your employer gave you no reason to think otherwise, you need to appeal that you didn't make a false statement. Depending on what two weeks of benefits is worth is how you compute how much effort you want to expend.
Filing an appeal request, and attending the hearing will cost you about two to three hours of your life, and if you'd gladly do that much work the money involved then the appeal is worth it. If enough people win these issues, the CA deputies will stop assessing these kinds of penalties because it is no longer cost effective to do so.
Thank you for your replies. I have just heard that this means I will not get any benefits for my current claim from the job I was "let go" from and that I will be penalized for 2 weeks in the future if I try to claim unemployment benefits again. I just need a little help to get on my feet again while looking to start another job, which I hope will not be that long of a time before I find one. I just cannot believe my employer said I was fired and they told me I was being let go due to financial situations within the company. Unbelievable! Just worried if I don't appeal I will not get ANY benefits. I did receive 3 weeks of benefits before I received this notice. I actually got my EDD card and the notice of determination in the my on the same day. Really confusing for a first timer in unemployment limbo!
What makes you think this, "I have just heard that this means I will not get any benefits for my current claim from the job I was "let go" from. . ."?
Did you leave a paragraph out? When you are disqualified for the reason you think, it will say "You are disqualified until you have earnings that are (some multiple of your weekly benefit amount)." You typed in no such language.
You're eligible for benefits because EDD has researched that you were discharged for a nondisqualifying reason, but they are assessing you a two-week penalty because they think that "laid off" means only means "lack of work," and can't get their heads around that "financial situations" can be still be caused by a "lack of work."
In AZ the language is "YOU ARE DISQUALIFIED FROM MM/DD/YYYY UNTIL YOU ARE REEMPLOYED AND EARN $xxxx, 5 TIMES YOUR WEEKLY BENEFIT AMOUNT."
I have just heard that this means I will not get any benefits for my current claim from the job I was "let go" from and that I will be penalized for 2 weeks in the future if I try to claim unemployment benefits again.
Who told you this? You posted this at 11:54 p.m. CA time. Clearly, you didn't "just" get this information from EDD.
Whoever you 'just heard" from IS WRONG and can't read English.
Read the letter. It says you can continue to claim. Do so.
CA would not be telling you to file claims for the two-week penalty period if it didn't intend to pay you after you had served the two-week penalty.
Furthermore, if you were disqualified from benefits entirely, CA would be asking for repayment of the monies you've already received.
Reread my response.
You are listening to the wrong people if you really believe what you have just posted. In which case, Chyvan and I wasting our time.
You are looking for a problem where there isn't one.
Unless, of course, you did not post the entire communication in the first place.
Thank you Ariadne22. I got the letter 2 days ago. I wrote out the letter here verbatim. Nothing in the letter states repayment of the monies and they have continued to mail me my claim forms. I appreciate everyone's help here. The "penalty" 2 weeks have been posted to my account in a $0.00 amount. I don't want to bother filing an appeal as I can deal with the 2 week penalty over the hassle of an appeals hearing. I just wanted to make sure I was not losing benefits after this period as I have received different answers from others. I asked on this board because you seem very wise in your knowledge of how these things work over others I have come across.
Hi I received a letter from EDD Notice of Determination/Ruling. Its telling me "You are eligible under code section 1257a and they also gave me an appeal form to fill out what does this mean.
Hi I received a letter from EDD Notice of Determination/Ruling. Its telling me "You are eligible under code section 1257a and they also gave me an appeal form to fill out what does this mean.
Probably means you are eligible for benefits, but are disqualified from collecting for a period of time.
This is CA code section 1257a:
Quote:
1257. An individual is also disqualified for unemployment compensation benefits if: (a) He or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, including, but not limited to, using a false name, false social security number, or other false identification, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division.
So, you probably made a false statement when you applied for benefits - like saying you were laid off instead of terminated/discharged/fired.
Beyond this, without you posting EXACTLY what the letter says, there is no way of knowing if you are:
permanently disqualified, or
temporarily disqualified for a specified number of weeks.
Yes, you can appeal this disqualification.
Do you know why you were disqualified and for how long?
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