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Old 12-15-2018, 10:29 PM
 
4 posts, read 1,404 times
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I was recently terminated from my job for not performing. I signed a slip saying involuntary term when they payed me out. I put involuntary terminated on my app due to not meeting expectations. The EDD letter asks have i been warned about termination before and if so, when and how was i paid on my last paycheck among other things. I was written up multiple times for performance to the point of harrassment but i dont have exact dates except for the last one. should i take the interview?
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Old 12-15-2018, 10:49 PM
 
14,508 posts, read 28,049,521 times
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NO! Your employer is fully capable of doing it all by themselves. If you do it, and your employer does nothing because they are too busy running a business, you can cause your own denial all by yourself.

Fired claimants need to SHUT UP!

Next time you apply for UI, stop at "fired." It was unnecessary to provide the "not meeting expectations." It looks too much like a confession. Let the employer PROVE that you weren't meeting expectations, don't admit to it so they are let off the hook of doing their required task with the UI people.
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Old 12-15-2018, 10:56 PM
 
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so just totally ignore the call with EDD? Then what happens?
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Old 12-15-2018, 11:12 PM
 
14,508 posts, read 28,049,521 times
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Yes. You wait. If you get denied, we'll work on the appeal. If approved, it's over. However, the last thing you want to do is talk, and be denied. Then you'll be scratching your head wondering how you're going to deal with your appeal. You'll have to try to figure out if it was something you said or your employer that got you denied. When you keep your mouth shut and get denied, then you'll know it was because of your employer and can start figuring out what they can bring to the table as evidence as opposed to how you're going to fight your own words.

No one has ever had a denial notice that said, "you've been denied because you didn't take the call." It's always because they did something wrong, and that information can come from YOU or your employer. Let it come from the employer.
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Old 01-23-2019, 05:18 PM
 
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**UPDATE** I am happy to say I was finally approved for benefits after two phone appointments. I thought my second appointment was going to be about my employer saying something different than what I said, but it ended up being about PTO and other amounts on my final paycheck. I thought it would be better to take the call, since I really didn't have anything to hide. If anyone has questions, let me know.
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Old 01-23-2019, 06:32 PM
 
11,644 posts, read 16,855,376 times
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Keep an eye out for an employer appeal. In CA, employers have wised up to the ways of unemployment. Many now as a routine do not respond to unemployment. The hope is that the claimant will respond to unemployment and explain their position. When you do that, your former employer will now get a copy of everything you said. When they appeal, they have the advantage of knowing what your statements were and can tailor all their evidence to defeat what you said. Unfortunately, when this happens, their success rate in getting the determination reversed and denying benefits to the employee goes up tremendously. So, hopefully your employer just didn't care and still doesn't care and they decide not to appeal.
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Old 01-23-2019, 06:46 PM
 
14,508 posts, read 28,049,521 times
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Quote:
Originally Posted by Kaliie View Post
I thought it would be better to take the call, since I really didn't have anything to hide.
While it worked out, and sometimes it does for now, it was NOT the best strategy. You really do have something to hide.

Quote:
Originally Posted by Kaliie View Post
terminated from my job for not performing.

I was written up multiple times for performance
This can be turned into misconduct if your employer cares to do the work. Because you opened your mouth to EDD, you won't have the upper hand at a hearing, but your employer might.
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