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Old 06-08-2013, 12:56 PM
 
4 posts, read 27,558 times
Reputation: 10

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OK, so I was fired without cause a few weeks ago. I immediately filed for unemployment knowing that my ex-boss would fight it. While waiting for my appeal hearing, I kept on filling out all of the claims every two weeks. The hearing came and I won (can't fire someone for calling in sick, slam dunk on this), so I got my debit card in the mail not long ago. Case closed, right? Wrong.

The problem is now that the money is coming in I finally noticed that I obviously made a huge error in reporting earnings for my highest quarter. I should be getting over three times as much as I'm getting based on my highest quarter earnings. I'm pretty sure I reported my LOWEST quarter instead of my highest. Yes, I'm an idiot. No, I'm not some deadbeat since I've been actively interviewing and plan on having a job shortly, so you can save that nastiness. Thing is, I won that appeal by a mile. The ALJ said in no uncertain terms in his judgment that I get everything I'm entitled to under law. Well, I'm entitled a lot more than the pittance I'm getting right now.

Can I correct this obvious mistake and how do I go about doing it? I have the paperwork proving that's not my highest earning quarter and documentation of my judgment.

Many thanks for any help you can provide me.
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Old 06-08-2013, 01:59 PM
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
CA doesn't use what "you report" unless you can prove your numbers are different than what appear in their database. CA uses the highest quarter which appears in its database for the base-year to calculate your weekly benefit.

If you filed your claim in April or later, your benefit is based on either (1) earnings Jan-Dec. 2012, or (2) only if you don't qualify that way, Apr 2012-Mar 2013 (Alternate Base Period).

If your highest quarter is in the Alternate Base Period, CA will not readjust your claim if you qualify using the Standard Base Period.

If this is the situation and you have already received money and it is 30 days past the time you received your Notice of UI Award, it is too late to ask CA to refile the claim in July in order to capture the higher quarter in your base period. Of course, you can ask, but CA clearly states you can't have received money on the claim and still ask to refile. So, it is probably too late.

If none of the above applies and you have proof that CA's information does not include all your earnings for the base-period used for your claim, call CA. They should be able to recalculate your benefit.
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Old 06-08-2013, 02:10 PM
 
4 posts, read 27,558 times
Reputation: 10
All I know is that the basis for my weekly compensation is based on a dollar figure that is far far below what was actually my highest quarter (Jan 2012-Dec 2012 or Apr 2012-Mar 2013, doesn't matter). The problem here is that since I wasn't receiving any money for a few weeks due to the appeal, I didn't notice the amount was wrong until I actually started getting compensation. When I dug into what the weekly amount was based on (highest quarter), that's when I found out that it's way way below what my actual highest quarter was. Does that help?
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Old 06-08-2013, 02:27 PM
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
Quote:
Originally Posted by stoopidin415 View Post
All I know is that the basis for my weekly compensation is based on a dollar figure that is far far below what was actually my highest quarter (Jan 2012-Dec 2012 or Apr 2012-Mar 2013, doesn't matter). The problem here is that since I wasn't receiving any money for a few weeks due to the appeal, I didn't notice the amount was wrong until I actually started getting compensation. When I dug into what the weekly amount was based on (highest quarter), that's when I found out that it's way way below what my actual highest quarter was. Does that help?
Like I said:
Quote:
Originally Posted by Ariadne22 View Post
If none of the above applies and you have proof that CA's information does not include all your earnings for the base-period used for your claim, call CA. They should be able to recalculate your benefit.
CA will recalculate your benefit. You may need to file a written appeal. But call CA first, and ask how you should proceed. The 800 no, wherein you immediately dial 5-1-1-0 or 5-5-1-0 usually gets you through quickly.

See last one or two pages of this thread:

//www.city-data.com/forum/unemp...alifornia.html
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Old 06-08-2013, 02:35 PM
 
4 posts, read 27,558 times
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Awesome! Thank you so much for your help. I obviously figured that I'd need to call them on Monday, but this gives me some peace of mind (and a way to actually speak to someone).
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Old 06-10-2013, 10:33 AM
 
4 posts, read 27,558 times
Reputation: 10
Unhappy CA EDD question: highest earnings quarter

Just got off the phone with EDD about a question of highest earnings quarter. Here's the deal:

I worked at a company for approximately 7 months and was fired without cause in March. I immediately started my claim knowing my employer would likely fight it. This was also in late March. I win my appeal in May and wait for the back payments to start coming in. Which they did, albeit at a rate of weekly benefits that was way below what I expected.

I started that job in August. The EDD calculated the payment based on the two year period beginning 10/2010 through 9/2012. Do you see the problem here? My highest earning quarter during this time (having been on unemployment PRIOR to this too, go figure) was a week of August and the month of September. October through December is obviously way way higher in terms of quarterly pay and a completely accurate representation of my salary, but it wasn't part of the calculation because I filed, you guessed it, in late March like I thought a good doggie was supposed to.

So, I talked with an EDD guy just now and I asked what recourse I have. He didn't really seem to have an answer for me other than an appeal based on some of the factors I listed above. Can I simply refile? Given that the ALJ for my hearing gave my ex-employer quite the dressing down in his judgment for firing me for a rather terrible and indefensible reason (basically said open the war chests NOW), does that give me any advantage? This seems wrong to be getting compensated for the absolute lowest quarter among the three I was there. What can I do? Help?
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Old 06-10-2013, 12:09 PM
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
As I told you on your other thread, CA does provide for cancelling a claim and reopening at a later date.

CA's handbook states:
Quote:
You have an option of cancelling a regular California UI claim up to and including 30 days after the mailing or issuance date of the Notice of Unemployment Insurance Award, if no benefits have been cashed, and no disqualification has been issued in writing. If a claim is cancelled, that claim cannot be reopened, but you can file a new claim with a later date.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf
Since you've already received money and it is past the 30 days, as the rep told you, next step is to appeal.

CA can be very claimant-friendly under certain circumstances and could well find a way to do this for you - especially if you filed very close to the end of March.

Keep us informed.
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Old 08-21-2013, 10:57 PM
 
1 posts, read 6,653 times
Reputation: 10
Great replies...my situation is this: Had phone interview, was eligible, sent my claim form on August 11th. Today, Aug 21st and nothing. Can anyone give me some advice on when i will receive my FIRST debit card?? The lady with whom I spoke said there was Nothing further I needed to do.

Advice? This is my first time being unemployed in 20 years, but the cash is going quickly. Thanks again.
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