CA - Terminated for Tardiness due to chronic health issues - skip EDD interview? (file, receive)
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Hi there. I couldn't find a thread with information that matched up with my situation.
I was terminated from a job after 11 months. The company was very happy with the quality of my work, but during several periods I was frequently late to work. I deal with chronic sleep apnea, depression, and generalized anxiety, and this made it very difficult for me to consistently wake up on time and feeling well enough to come in at the required time. All of these were documented, and I mentioned them to my employer.
Additionally, it was a tech office job, and the time I was required to come in was more about adhering to policy than actually needing to be there, and it impacting working with others.
My employer gave me some time to try and resolve the issues, and I eventually did begin coming in on time, but it was apparently a couple of weeks after they had already made the decision to let me go.
I made a concerted effort during my employment to resolve the health issues, seeing my general practitioner, psychiatrist, and sleep specialist.
The day I was let go, I wasn't explicitly told why. So I filed for unemployment with the reason, "Terminated: No Reason Given". However, I later contacted HR and was told it was due to my inability to maintain core hours.
So, what I'm wondering is: should I take the EDD interview call, or skip it and go to to an appeal meeting? Will I be denied if I miss the call and my former employer mentions the tardiness?
Also, how do I show to them that I am "able and available" so they don't deny me benefits on the basis of that?
Also, EDD encourages applicants to call them if they miss a call and gives several ways to do so. How do you justify missing a call in an appeal meeting? Doesn't it make you look bad when you're already trying to fight for a positive perception?
Fired people shouldn't do the call. Nothing you put on your UI application is disqualifying. Just because HR told you that's what the reason is, doesn't mean that's what they are going to say to EDD.
Just because they say it to EDD, doesn't mean that they can correctly prove by a preponderance of the admissible evidence that you were late even once because so far, you haven't admitted to anything.
Quote:
Originally Posted by kraft_dinner
Also, EDD encourages applicants to call them if they miss a call and gives several ways to do so. How do you justify missing a call in an appeal meeting? Doesn't it make you look bad when you're already trying to fight for a positive perception?
I'm getting so sick of this. Do think we just sit here telling people in thread after thread not to take the call if this actually happens?
Your employer is fully capable of getting you denied all by themselves. They don't need your help. Let them do their job, and if they succeed at getting you denied, then come back to get help with your appeal.
Guilty as sin but because he kept his mouth shut, still got UI.
We don't steer people wrong. You have an ugly story, and the less the UI people know about your problems, the better chance you have of getting your UI, and getting your health conditions under control so that it doesn't affect you at your next job.
Thanks Chyvan. While searching through threads, I've seen dozens of responses you've given to posters here, and I appreciate the time you take to do so. You're a treasure.
But, just to backtrack a bit -- have you witnessed any situations where health issues justified tardiness, and EDD did not consider the tardiness "misconduct"?
I don't do it this way. To justify, means that you have admit to being late. Until it's correctly proven in a hearing that you were late, there is no point in cutting your defense in half and assuming a burden. You wait and let your employer play their hand.
We'll talk about this IF you even get denied in the first place. The process that we follow to get claimants UI when they've done something wrong has evolved over 8 long years. Each step in the process that we use does not create a situation of mutual exclusivity. It flows in a natural order so that you have the maximum chance to get UI no matter what you did or if it's misconduct.
I don't do it this way. To justify, means that you have admit to being late. Until it's correctly proven in a hearing that you were late, there is no point in cutting your defense in half and assuming a burden. You wait and let your employer play their hand.
We'll talk about this IF you even get denied in the first place. The process that we follow to get claimants UI when they've done something wrong has evolved over 8 long years. Each step in the process that we use does not create a situation of mutual exclusivity. It flows in a natural order so that you have the maximum chance to get UI no matter what you did or if it's misconduct.
So, what I'm wondering is: should I take the EDD interview call, or skip it and go to to an appeal meeting? Will I be denied if I miss the call and my former employer mentions the tardiness?
That could very well happen that you get denied the first time.
It's not the end of the world when this happens. IF you get denied then come back here and tell Chyvan why and you will much likely win the appeal and get paid for all the weeks you have filed.
So I skipped the phone interview last week, and they left a voicemail asking me to return the call within 48 hours. I ignored that, and then on Sunday, two weeks were shown available for certification in my account. I submitted my certification for the two weeks on Sunday, but now (Wednesday evening) the claims for the two weeks are still in "pending" status.
What does this mean? Is it normal for claims to remain in pending status this long? I did not get any followup information on the site about missing the phone interview. Is it possible they'll be mailing me a letter for a rescheduled call?
So, things seem to have gone well. They did not reschedule a followup appointment, nor send any kind of notice of determination. I've already received a couple of payments from EDD, so I can only assume it's all good.
Again, Chyvan, thanks for the advice. If I'd kept the appointment and spoke with EDD directly, I feel certain I would have had been denied and then had to file an appeal, and go through all of that hassle.
So, in summary, unless you were laid off or a contract ended which explicitly provides lack of any misconduct on your part, it does seem best to simply skip the phone interview.
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