Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

The EDD = Extremely Difficult to Deal with? California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • The EDD = Extremely Difficult to Deal with? California

    OK LOL, but seriously:

    I ended up finding a new job due to harassment/safety issues I discussed here on these boards, but basically my boss was dangerously incompetent (dismantled safety equipment that landed me in the emergency room) and intimidating, controlling, and even physically abusive (to the point of violently grabbing me in front of coworkers. I am 5'4" 120lb female, he is 5'10" 200lbs), and when HR didn't resolve the situation I decided I could either sue (which seemed like it would be a drawn out fight for a job I didn't want anymore) or find a new job and try to be happy. I decided to go with option B.

    The new job was great, but it ended after 2 months (although they said they will rehire me when they can, because the love was mutual), so I applied for UI. My boss apparently decided I wouldn't dare leave him, and instead of accepting I quit, or even firing me after I didn't show up, put me on a leave of absence (without telling/asking me about it), which ended 2 weeks before I was laid off from the new job. For some reason EDD keeps insisting I only worked for the second company for 1 month, and it's causing all sorts of grief.

    First my UI stopped. A week later I was told I would have a phone interview in three weeks. The woman on the phone told me my final date for job 1 was a month and a half after I left, but after I told her no this was not the case and she called my employer to verify my last work date, she said the issue was solved and my UI would be restarted, and to expect a check in 10 - 12 days.

    10 - 12 days pass, no check. I try calling - I'm sure anyone who has been on UI in California in the last 6 months knows how well that went, LOL. I called some days 50 - 100 times, never getting through. Finally, after reading it on a board I tried their online link:
    https://eapply4ui.edd.ca.gov/eddcomm...rmEDDCOMM.aspx
    (which I am including here because it REALLY works! Seriously, the phones are a nightmare and there's no one you can talk to if you go to the office in person, I tried that. But the link will get an answer in 3 - 4 days in my experience) and was told that a decision was pending, and that they would call me on X date. No call came, so I wrote again, was told "a check was authorized ...expect it to arrive in 10 - 12 days", and finally after 62 days I got a check. Hallelujah!

    After just TWO checks (and I have a backlog) I received ANOTHER letter claiming I was overpaid for... you guessed it, QUITTING MY FIRST JOB! I called HR of the first job and asked them to stop fudging my dates, and pointed out I was never on a LOA since I was working somewhere else, and they agreed to check into it, (along with finding my last paycheck which my boss refused to give me unless I came down there and met him in person, ewwww) and hopefully stop telling the EDD I was working there when I wasn't.

    But now I'm wondering, what is the best way to handle this? I really don't want to go through another two months without benefits. As fun as it was to stretch my last check out for two months, (and to be honest I learned some really awesome frugal living tips) it was incredibly stressful and depressing. I would like to *hopefully* anticipate what the EDD will do so I can get through this as painlessly as possible. Advice?

  • #2
    I just posted in the HR forum about "what is HR for anyways?"

    Its a **** shame HR didn't want to help you out. The way companies are run nowadays is absloutely disgusting.

    Comment


    • #3
      Originally posted by Oula View Post
      I really don't want to go through another two months without benefits. As fun as it was to stretch my last check out for two months, (and to be honest I learned some really awesome frugal living tips) it was incredibly stressful and depressing. I would like to *hopefully* anticipate what the EDD will do so I can get through this as painlessly as possible. Advice?
      If the EDD is as stellar handling my claim as they are yours, then you're in a for very long wait. I figure sometime around when hell freezes over and/or the state budget gets out of the red I will be contacted by the EDD. Until then, the plan is to sit tight and survive as best as I can. There isn't much else recourse available. Of course, you can attempt to contact them in writing, however, I would not send anything into that particular black hole without sending it via certified mail with return receipt.

      Comment


      • #4
        Did you appeal? If so, you are now simply waiting for a hearing. They are trying to get to the employee appeals within 30 days.

        Once you get in front of a judge, you can sort out your situation. Based on what you have posted, I am fairly confident that you should get benefits as you were laid off from your most recent job.

        Good luck.

        Comment


        • #5
          Ignore IhateHR. He/she has an axe to grind and will not be back. There is nothing "HR" can do to make the appeal come faster.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Do you have a question for us or are you just venting?
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              CA currently has a huge budget deficit. According to news reports, EDD has a massive backlog and is not allowed to hire temps or use overtime to get current. The situation is expected to get worse over time.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                @ CBG, yes My question was what would people recommend I do. Having never been in this situation before I figured I'd ask people who have gone through it what to expect, and if there are any tips. For most of us the EDD/UI process is byzantine and unfamiliar, and one accidental error can lead to months of fighting to just get it fixed. I'd hoped members might know of some pitfalls to avoid.

                @ iHatehr, OK

                @ Surfer5000, unfortunately your answer was right on the money. I did discover that calling the appeals board every single day might have pushed my appeal forward faster. I say might because I have no way of knowing, but at least calling them daily helped me feel better.

                @ HR/DisMgr, yes I did.

                @ Pattymd, ah, OK. I figured.

                @ DAW, This does seem to jibe with my experience so far.

                I got my time cards from my last job, copies of every document I ever received from the EDD and a copy of my file, all of which show that their data is wrong, so hopefully the appeal will go in my favor.

                Comment


                • #9
                  Sorry, I didn't realize someone had hijacked your thread. The venting comment was addressed not to you, but the the poster immediately above my question.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Gone, vacanteyes? Good. Your response added nothing to the OP's issue. It was just what YOU had been through. You gave no advice whatsoever to the OP.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Oula--I went to a CA UI seminar a few weeks ago. Last July, there were 33,000 appeals pending. Sounds like a lot but only a backlog of 4-5 weeks. Since then, there has been a hiring freeze and work furloughs, and three vacancies on the directors board. Since then, the hiring freeze has been lifted and all three vacancies have been filled. AND--they have hired 70 judges who are currently going through training and will be ready for hearings shortly. As of May 2009, there were 93,000 appeals pending so they are working through the backlog. Your hearing should be scheduled soon. For your sake, I hope so...

                      However, I did learn that the EDD in its infinite wisdom decided to cut costs by closing vacant judges' offices. I guess they forgot they were hiring more judges . So now they have 70 judges and 26 available offices??? They are trying to resolve that by scheduling more telephone hearings.

                      Comment


                      • #12
                        That is the good news. The bad news is that CA current annual budget deficit is currently projected at 24 billion dollars (and counting). There is every chance those new judges (and others besides) might be laid off soon.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X