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I was laid off this week and just filed my claim this evening (Friday). However, in the section where they wanted me to list my pay from previous quarters, I accidentally listed my hours instead. I did this for all of the quarters. Is there a way I can fix this? Will I be penalized for making the mistake?
EDIT: When I was terminated I was told by the agency's representative that she was "letting me go" because there was "no budget", and that I was eligible for unemployment. I put on the claim that I was laid off because there was no work. I am going to the agency on Monday to ask them whether I was fired or laid off. Is this also something I can amend, if I got it wrong?
CA doesn't care about your wages. They use the information reported by your employer, so don't waste your time trying to fix it unless you get a crappy benefit because EDD decided to use your lower numbers. You'll be able to file a monetary appeal to get it fixed.
You were fired. Don't call your employer. They'll probably say, "laid off," but it's wrong. EDD narrowly defines laid off as a lack of work. You were fired because there was no budget. No budget does not equal lack of work. You'll probably get a false statement penalty if you get a strict UI worker, and will have to appeal to get the penalty removed.
Most people would make the mistake that you made, but in CA, you're always better off saying "fired" even if it was a nice clean lay off so you can not have to waste time on an appeal that was so easily avoided and would have had no impact on whether you got UI or not.
Just leave it alone. The damage is already done. You can get it fixed on appeal IF you get the penalty. It's up to the UI worker. We've had people post threads that got the penalty because they were fired for "financial reasons," but get it fixed on appeal. That's why we tell people in CA to almost always pick fired. They still get benefits, and don't have to waste time on appeal if they ended up with an overzealous UI worker adjudicating their claim.
I should mention that there is some reason why I might have thought I was being fired. There was a disagreement between myself and a supervisor that could have been interpreted as wrongdoing. I put "laid off" because I was told that I would still be eligible for Unemployment, and I didn't know that I could still get Unemployment if I was fired. Also, because I was told that the reason was there was no budget. The agency left me with Unemployment to do right by me, so I figured I had been laid off. I don't want to have to appeal that, and then have a dispute with the agency over what they told me when I was terminated.
I am going on Monday to ask them whether I was fired or laid off. If I was fired, can I cancel my claim and re-file?
You won't get denied benefits if you were truly fired for "no budget." However, you can get a "false statement" penalty for saying you were laid off. The penalty is not a denial, but it can sometimes be expensive. It's too much typing to explain why it may or may not be expensive. Just deal with it if it even happens.
Do NOT get your employer involved in your UI matters. They pay it, and have a lot of incentive to tell you things to mess you up. Leave it alone, and just see what happens.
Cancelling can be just as expensive as the penalty. You're not fixing anything. You're just trading one bad thing for another.
The appeals process in CA is very much slanted to the claimant. You will have the BEST shot at a hearing. Don't be afraid to appeal in CA.
Is there any penalty to cancelling besides possibly losing a week of benefits?
No, but that is exactly the same "cost" as a false statement that's why you need to drop it, and leave it alone and see what happens. If you cancel, then the likelihood of losing money is for sure. If you get a false statement, and win on appeal, then you WON and will get all the money you're entitled to.
Cancelling = likelihood of being shorted
false statement IF assessed and not appealed or lose on appeal = likelihood of being shorted.
False statement if not assessed OR overturned on appeal = no damage.
You have nothing to gain by cancelling.
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