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I was disqualified for 4 weeks worth of benefits for failing to upload my resume in Cal Jobs timely, which I have appealed. I received the notice to upload my resume 10 days before the deadline. I was already working with my son in law who is a recruiter to update my resume which was seven years old, and needed to be condensed down from 3.5 pages to no more than 2 pages. I didn't want to upload it until I finished because I wanted to put my best foot forward when registering. In addition I missed the Personalized Job Search appointment because I got the notice two days before the appointment and had a conflict. I called the number immediately because I knew I could not attend, and the guy I spoke with said they did not reschedule these appointments. The following week I stopped getting benefits. A week later I was finally able to upload my resume in Cal Jobs and so I called EDD to let them know. Two weeks later I was given a phone interview and during the interview I explained that I had not uploaded my resume because I was working on updating it. I uploaded it as soon as it was done. Two weeks later I was sent a letter disqualifying me for a total of 4 weeks, $1800.00. Had they told me up front in the first notice letter that failure to upload the resume would disqualify me from benefits I would have uploaded the old resume the way it was just to satisfy the deadline. But since it stated it "May" effect your benefits, I was not concerned enough to upload a 7 year old resume that made me look unemployed for 7 years. I have two questions...
1. What are my chances for winning my appeal given my explanation? Is the period discretionary because it feels punitive given that they disqualified me for a week where the resume had been uploaded the prior week.
2. I received a "NOTICE OF RIGHT TO RECEIVE UNEMPLOYMENT INSURANCE BENEFITS PENDING APPEAL" letter yesterday where I have to check a box to either be paid for the outstanding amounts or have the amount held in suspense pending the outcome of the appeal; sign and date it and send it back. Any thoughts on whether this would have any effect on the outcome of the appeal? i.e if I don't take the money will they think I don't need it and will this possibly influence the judges decision? If I take the money, which I need, but then have to pay it back, that would be a hardship. And would there be any additional penalties on the outstanding amount I have to pay back.
Sorry for the long post, I appreciate all feedback
Have you attended yet? If not, you're still going to be out the weeks of UI since that date, and your appeal will not fix that.
Quote:
Originally Posted by LLTT123
But since it stated it "May" effect your benefits,
In legalese, "may" when it is used in a sentence that is to your detriment means that they absolutely will. When it is too your advantage, don't count on it.
My credit card agreement says that they "may" charge a late fee, they always do.
Quote:
Originally Posted by LLTT123
they disqualified me for a week where the resume had been uploaded the prior week.
Any week or partial week is disqualifying. Had you uploaded it on Saturday, great, but when you upload on Sunday, you just crossed into the next UI week, and the whole week gets thrown out.
Quote:
Originally Posted by LLTT123
if I don't take the money will they think I don't need it and will this possibly influence the judges decision? If I take the money, which I need, but then have to pay it back, that would be a hardship. And would there be any additional penalties on the outstanding amount I have to pay back.
You're not getting paid any money pending the appeal. As of now, you are disqualified week by week AND the benefits will not be restored until you UPLOAD the resume, ATTEND the missed appointment, AND call EDD to REopen your claim.
What you are reading applies to a claimant that was granted benefits, is collecting, AND his EMPLOYER appealed the decision and is at risk of losing and having a much larger overpayment. (this claimant still needs to keep getting the money because once it's in your hands there are things that you can do to increase the chances of never paying it back.)
You need to learn UI. You caused a world of hurt for yourself out of ignorance.
NO ONE gets a job because of CalJobs. Not one thread on here. You could have uploaded your resume on a grocery bag in crayon as dictated to your third-grade child. That would have been sufficient. By thinking you were helping yours, you cost yourself money.
Misssing that appointment compounded it.
Since there is no mention of attending it since, you're making it even worse.
Now, you're wasting time on an appeal that really has no merit to generate much extra benefit.
Lick your wounds, and the tasks that need to be done and get that claim reopened.
Thank you for your replies. I am currently getting benefits, I have appealed for the four weeks I was disqualified. I uploaded my resume on a Thursday. They disqualified me for the following week after that. Is there a way to find out how others have been assessed a penalty for the same situation? Are they treating everyone the same and applying the same penalty equally to all violators? I can lick my wounds and move on but I'm not one to let things go if I can help others benefit in the future. If I have to get an attorney so be it....your thoughts?
One more thing, I have called several times about attending the next scheduled "workshop" that I missed but I have been told by three separate individuals there that they don't reschedule these types of appointments. I have the names, dates and times I called after this first started...
If I have to get an attorney so be it....your thoughts?
For four weeks, that's a maximum of $1800 you are out. An attorney can, perhaps, get that back for you, but will take most of it in fee. And this isn't the type of case they will do on contingency. So, if they don't get it back for you, you still owe the fee.
One more thing, I have called several times about attending the next scheduled "workshop" that I missed but I have been told by three separate individuals there that they don't reschedule these types of appointments. I have the names, dates and times I called after this first started...
Yes, they can be rescheduled, and it can be done online.
Moved, are these "workshops" the equivalent of the REAs? Are there different kinds of "workshops" that wouldn't be like an REA that's no big deal to miss?
They're not actually "workshops," they're just classes, and you only have to take one. but EDD still requires an appointment. When I did my REA, I had an interview (just a formality), and was given a list of classes to choose from. I chose the Resume Writing class, even though I'm not job hunting. It's just a formality. I renew my resumes in Caljobs every three months, but this time I forgot to do it, didn't get anything in the mail, so now it's on my calendar, and I also made "not public," so no one can see them.
Since my work is part time, but actually full time, and it's contract based EDD doesn't bother me. When I work, I make well over the benefit amount that they aware me, but when work is slow, I get a little bit of UI benefits. I was just off for two weeks, since one of the companies that I work for didn't have any conventions, so I'll get benefits for that time.
What if it was just one wk of forgetting to update..Got an N/A on second wk. Was on the site 2wks ago and there was no messages. Ive uploaded now. But have lost one wk. Just says to check fallowing wk for certification.
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