CA UI Telephone Interview - need a few questions answered. (receive, claim)

[Rcognato]

I was scheduled for a phone interview on 07/21 but received an automated message saying that the interview had been cancelled as they had all the info they needed, thank you and have a nice day.

a few days later I get my "Notice of UI award" letter dated the 19th

In the same batch of mail I received TWO Notification of UI benefits eligibility interview notices. One dated for 07/25 and the second dated for 08/01. Both have the same "possible questions" on the back. Is this normal? why would they say they had all the info they needed then rearrange an interview...twice?

Also I was fired and after reading some of the forums here I realize I was ignorant and gave the reason (which was to many absences), no need to go into detail as to why I was here. but one of the questions is "The reason you left your job with "insert company name"? I didn't leave...i was fired.

how should I answer these questions?

Why are you no longer working at your last job?
were you warned that your actions could result in being fired?
when were you warned?
If you were fired for being absent, why were you absent?
did the employer know you would not be coming in?
how did you tell the employer you would not be coming in?'
if you were fired for being late,why were you late?
had you been late before? were you warned about being late?

(I never told them I was late and my employer told me the reason I was let go was due to my absences not tardies)

I just filled out my bi weekly certification for the past two weeks yesterday evening. I'm I looking at getting denied now?

[Rcognato]

well I had my interview...and I felt it was a total trap call. Per the person interviewing me they had already gotten all the same info I gave them on my claim form from the agency that represents my ex-employer. And per the interviewer it was identical. But they kept wanting to know why I had excessive absences, and my only response was it was of a personal nature, as I felt it was highly inappropriate of them to even ask that question.

I only confirmed what they already knew, and that my personal matters had been taken care of. and that yes I was currently seeking employment.

God I hope I don't get denied. I can't afford a denial, I was living paycheck to paycheck as it was.

[Chyvan]

Originally Posted by Rcognato

But they kept wanting to know why I had excessive absences, and my only response was it was of a personal nature, as I felt it was highly inappropriate of them to even ask that question.

Depending on what the big secret was, NOT giving the information may have been a mistake. If your mother was sick, you were sick, or you had some excusable reason for the absences, you could have gotten benefits. By not giving the right answer, the adjudicator has no reason to grant benefits.

Expect a denial, and address it on appeal.

[Rcognato]

well I just checked my status in the Online UI site and they already disqualified me. Guess you were right. I should have told them I was sick off and on and caring for an elderly pet that had to visit the ER frequently. Now do I have to wait for the paperwork to arrive or can I appeal online. I need to get this started ASAP!

[Chyvan]

You probably need to buy yourself some time, and that means delaying submitting your request until closer to the deadline so that you have more time to work on your story and one that has a probability of working.

Originally Posted by Rcognato

I should have told them I was sick off and on and caring for an elderly pet that had to visit the ER frequently.

I'm not so sure that this makes for a good excuse by itself.

To appeal, just submit, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

Some of the things to consider, is that we need to know what you wrote (less so said verbally) and what your employer wrote and said. You won't know that until you get your hearing packet or access to the hearing file. You might even find that your employer's version wasn't enough to get you denied, but that what you wrote was much worse.

Did your employer know about your sick pet? Did they give you permission? Maybe they changed their mind part way through your pet's illness and then threw the book at you when you only had one more absence left before you lost your job but they counted every single one against you.

You have to reshape the absences so they don't look like you just up and did it on your own initiative.

Now, if it wasn't solely your pets illness, but yours also, do you have doctor's notes? If this is just about absences, all you need to do is show that anyone else in your circumstances would miss work because of your illness, and you can get the absences not to count against you regardless that your employer might have a zero-tolerance policy. However, you don't want to go so overboard in making yourself so sick that you can't hold a job. It would be nice if you're cured, or maybe you had some crazy work schedule that just didn't play nice with the type of illness that you have, and isn't the norm for a similar job at any other employer.

[Rcognato]

What I wrote? like my reasons for not coming in? I would love to delay this if I could, but financially I can't. I have no savings to speak of and was living paycheck to paycheck as it was.

Just up front they had us text our team leads and supervisors if we would be late or not coming in (and I just updated my phone before being let go and lost all the text chains saved on my phone)

Yes they knew about my pet, I never lied to them about my reasons for not coming in. They never questioned my reasons. I also had to leave early once or twice due to court dates and both times my supervisor said that if I left early it would count as an unexcused absence....even though I worked a 6-7 hour shift before leaving. Also my illnesses were never so bad that I sought out medical attention, they were just colds...probably brought on from the stress of working the erratic night shift hours anywhere from 9:30pm to 12pm, or 10:30 to 9am hours. we never had "set hours" we could work anywhere from 8 to 15 hour shifts, we never knew day to day what our schedule would be.

Also I worked in a Lab Facility, where we had to wear gloves to handle the papers we data entered because they came in with the samples, so were told not to come in if we get sick. I also got sick about a year ago and still have this cough that I can't kick.

These are my only reasons for absences.

[Chyvan]

Originally Posted by Rcognato

What I wrote? like my reasons for not coming in?

No, more so along the lines of did you admit to missing work?

If you can't wait, and didn't admit, then just ask for the hearing, and pray the employer doesn't show, sends the wrong person or no evidence to prove that you missed a day of work. The judge won't ask if you missed work so long as there is no proof from the employer that you did anything. However, if you wrote that you missed work, you're going to have to go to the next level.

[Rcognato]

oh on my claim form. Yes I was told why I was let go by by supervisor so it would look even worse if I lied about it right?

as my reason I am no longer working for the employer my response was: Due to personal and medical reasons I exceeded the amount of allowed absences.

the company has one of those roll over policies and I was absent to many times in one of the "quarters" I guess.

Well we don't even know what I was disqualified for yet, it could be anything I guess. But according to my interviewer all my answers and original info giving on my application matched my employers. So I guess we have to wait until the denial letter actually gets here before making any plans. hopefully it will be soon.