Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 07-08-2013, 10:27 AM
 
19 posts, read 127,516 times
Reputation: 12

Advertisements

I received a Notice of Determination/Ruling letter stating,

"You are not eligible to receive benefits under California Unemployment Insurance Code Section 1257A Beginning 6/30/13 until you have filed a claim For each of the 2 weeks in which you are otherwise eligible for benefits.

"You gave the department incorrect information, or withheld information, concerning the reason you are no longer working on your job with XXXX Company, after considering available information, the department finds that you do not meet the legal requirements for payment of benefits. Section 1257A is ineligible for benefits from 2 to 15 weeks if benefits were not paid as a result of misstatement or omission. 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."


What does this mean exactly? I lost my job towards end of May 2013. I filed for unemployment and even had a phone interview a couple weeks later. I even received a check from EDD the same day I received this letter covering me one month of unemployment. Does this mean I have to return this money? Will I only be entitled to this one month of unemployment pay? On my "Continued Claim" Form, it does say I have a Balance of about $4,000, and claim expires Nov 2013.

Brief Background: Opened unemployment in Nov 2012, found work within 2 months, started working Jan 2013 to May 2013. I'm guessing this "balance" I have is related to the claim I opened in Nov 2012 because the payment is exactly the same.

Also, on the second paragraph of the form, I did not give any false information. I am thinking my previous employer is saying things that aren't true and I want to appeal. My question is, what does it mean "No benefits are payable for three years from original effective date?" Does this mean, if I lose the appeal, I will not be eligible for unemployment for three years? What about if I do not file an appeal? What does this line mean: "Section 1257A is ineligible from 2 to 15 weeks if benefits were not paid." If anyone can help me out, I will appreciate it. Thanks.
Reply With Quote Quick reply to this message

 
Old 07-08-2013, 11:44 AM
 
Location: Wisconsin
25,591 posts, read 56,255,266 times
Reputation: 23256
What did you give as a reason for the job loss in May?

If you said "laid off" and your employer responded "terminated" or "discharged,'" CA is assessing a two-week penalty waiting period for false statement. CA presumes you made this "false statement" in an attempt to secure benefits when you were in fact "fired." In future, whenever filing a claim, reopening a claim, or talking to an interviewer, say only you were discharged or terminated.

Your benefits will resume after you have claimed those two waiting weeks. CA has already given you the dates for the two penalty weeks - 7/6 and 7/13. You will not be required to repay monies already received. Your original monetary determination is not reduced by the two weeks.

This is not a big whoop - but CA - for cash flow reasons and in order to delay making payments is now doing financial management via these semantics.

You can appeal this determination, of course. Meanwhile keep claiming. CA will pay you after your two penalty weeks. An appeal hearing will take place at a later time. If you win, CA will send you those two missing weeks. Of course, your claim balance will be reduced accordingly.
Reply With Quote Quick reply to this message
 
Old 07-08-2013, 12:53 PM
 
19 posts, read 127,516 times
Reputation: 12
Yeah I ended up calling EDD and got thru and this is what the person on the phone told me. I wrote down Laid off when it should have been terminated. Thanks for the reply Ariadne22
Reply With Quote Quick reply to this message
 
Old 10-16-2014, 12:26 PM
 
1 posts, read 3,619 times
Reputation: 10
I recieved a letter of determination of monetary eligibility in md, and it shows how much I would get each week. Does that mean that I am getting my unemployment
Reply With Quote Quick reply to this message
 
Old 10-16-2014, 12:37 PM
 
Location: Wisconsin
25,591 posts, read 56,255,266 times
Reputation: 23256
Quote:
Originally Posted by mmewborn View Post
I recieved a letter of determination of monetary eligibility in md, and it shows how much I would get each week. Does that mean that I am getting my unemployment
You don't provide enough information for anyone to tell you that. The states send out notices of monetary eligibility - often without determining the nonmonetary issues - such as why you were discharged. If both you and your employer are on the same page on the job loss, usually there are no problems. If your employer responds to Maryland in a way that raises questions, Maryland will schedule a phone interview to discuss the issue.

So, short answer is, no, a determination of monetary eligibility is NOT an approval.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top