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


No announcement yet.

Benefits Eligibility Interview schedule change and more... California

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

  • Benefits Eligibility Interview schedule change and more... California

    So, I have a few questions about EDD in CA.

    First off, I was wrongfully fired because my supervisor was sleeping with my girlfriend at he time and I told him that he was “F***ing retarded” in a secluded, and private area of our place of employment. My girlfriend was ‘removed from the schedule’ but not ‘fired’ a week or two before. Furthermore, I am horribly ashamed of my financial position. I don’t have a degree because I had ambitions that wouldn’t/don’t require it. A month before I was let go, I had accomplished a work license in CA that would allow me to pursue my professional ambitions. Unfortunately the market that I was shooting for has just about dried up without any future business in sight. Now I’m studying for another field while continuing my search for employment.

    My apologies, back to the point.

    The next day I was fired because I broke corporate policy by using profanity, even though my employer, supervisors, and labor curse like they’re sailors, including dirty e-mails from my employer and coworkers.

    So, when I was fired, I recorded them terminating me because I knew it was going to be pretty dirty; in reference to lack of trust and integrity of my employer. The only time in seven years that I had been formally written up was within that time frame, which was only once.

    After filing for UI, I was scheduled for an interview. It was a long interview, but I spilled the beans on the company. My employer claimed that I ‘quit’ my job instead of being ‘laid off’ or ‘fired’. The UI rep was completely understanding, and I continued my search for work while receiving my UI benefits. I asked if the UI rep would like a copy of the recording sent to him by e-mail, mail or any other method, but he said it wouldn’t be necessary.

    It has been nearly a year now, and I have sent resumes to just about every business that I could work for in my field of expertise in Southern California. As a matter of fact, for most of the companies, I’m on my third and for a few on my fourth attempt.

    Anyhow, out of the blue, I received a call from an old coworker, and he asked if I had found a job. I told him that I did because I’m quite the proud individual and I didn’t want to give my past employer the satisfaction of knowing that he really did hurt me financially. I know, my bad. However, I received a letter requesting a telephone interview on the twenty sixth of this month. The letter was mailed on the tenth, two business days post my conversation with my old coworker.

    The backside of Benefits Eligibility Interview states:

    During the interview you may be asked some of the following questions:
    The reason why you did not provide the information required to file your new claim.
    This information may include:
    - Your last employer name and address.
    - A letter or form from Social Security Administration verifying the social Security Number assigned to you.
    - Proof of wages you earned
    - Answers to any other question required to file a claim.
    The information you provided about your earnings.
    - What information may have been incorrect or inadequate?
    - Why did you give that information?

    I am in a state of desperation for work and continuously depressed about my position in my life. I had a good savings, it’s gone. I had a good car, it’s gone. I had a good girlfriend, not really. Just about everything that I was proud of and happy about has been lost over the past year. 10 – 12 hours per day I look for full time work. The only offers I’ve been given are a day or two of part time work, and honestly, that is not going to help me at all. I need a job and I need it now! I’ve helped my dad out on some of his projects, but no monetary exchange ever took place. He happens to be elderly and physically needs assistance sometimes. He’s helped pay to rebuilt my truck’s engine and helped me out with property taxes, but that’s it.

    Basically, is it possible that the old coworker was coerced by my previous employer to follow up with me to attempt to make things more difficult for me based on personal issues? Is what is described on the back of the notice an indication that the UI Department thinks that I’m working without reporting it?

    What’s even worse, is that I have a flight to Colorado on the twenty sixth, the exact date and time of the interview. The flight is for non-business related reasons and I’m wondering, do I have to disclose that with the rep while changing the interview date? When I call to reschedule, what are my options for rescheduling? Can I choose a date and time? I get back on the thirtieth, can I flat out request the thirty first?

    Thank you for your understanding and best of luck!
    Last edited by TheRandomGuy; 08-13-2010, 05:59 PM.

  • #2
    Firing you because you swear at the supervisor, regardless of what provocation you may have, is not even remotely close to a wrongful termination. Even if other employees are allowed to swear. The only exception to that would be if you had valid and supportable proof that you were fired and the others not BECAUSE OF your race, religion, national origin or other characteristic protected by law.

    It is unclear who the letter is from. Is it from the UI office or from your old co-worker's current employer?
    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.


    • #3
      It seems it's from the UI office but OP you might want to verify.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        I did curse at my supervisor in a non-confrontational tone when he started to let his personal issues with me interfere with our ability to work together as it was apparent when they removed my ex-girlfriend from the schedule and because I was late for work by less than one minute, which our company has/had an allowance of fifteen minutes; of which I was written up for and I made a clear comment that this ‘warning’ did not follow with corporate policy and it should be reviewed. Also, the company has a strict ‘no fraternization’ policy with managers/supervisors to employees. What’s even more odd is that I assisted in this specific supervisor’s training, and while in training he made multiple derogatory comments about the girl that I was seeing, being my girlfriend at the time. For that alone I could have reported him, but felt that would be excessive, inappropriate and unprofessional; most of my coworkers and managers already did. The non-official reason that I was let go was because I’m cheaper to replace than it would be to let go of my supervisor, as it was evident when for my girlfriend was removed from the schedule for non-work related conflicts and no explanation.

        To top off the list, I was rated as the number one employee of our branch for yeas in a row. I have an extremely high work ethic which is very difficult to top or even abide by. I had spent a great number of years with this employer and served them well. For years executives had come to me with questions, concerns and inquiries as to how to benefit our branch, bypassing my supervisors because of my work ethics and sincerity. I had also rejected promotion opportunities because I had a different career in mind and the executives were aware of this and still thankful for my employment. Point is that I was a model employee and my termination was out of personal conflicts which the company has a strict policy against. I also informed my exgirlfriend that she had the write to pursue legal recourse against the company because she was let go after she told my supervisor that she wouldn’t see him anymore. She declined because she felt it was in her best interest to simply remove herself from the situation without further conflict.

        Regardless, the letter was from the UI office and none of the questions were answered. The UI investigator already established that I did qualify for my UI benefits. I’m simply venting and detailing the situation while asking other questions.

        I was asking whether or not my old coworker could have been collaborating with my previous employer to make things difficult. Also, based on the information, as stated in my original post, does it seem evident that the UI office thinks I’m working without reporting it?

        furthermore, I still have a flight to Colorado on the twenty sixth, the exact date and time of the interview. The flight is for non-business related reasons and I’m wondering, do I have to disclose that with the rep while changing the interview date? When I call to reschedule, what are my options for rescheduling? Can I choose a date and time? I get back on the thirtieth, can I flat out request the thirty first?

        Thank you for all of your help and understanding.
        Last edited by TheRandomGuy; 08-14-2010, 07:43 AM.


        • #5
          Well, I called the EDD this morning, 10:00 sharp, and there were too many people on hold. So it took about 10 minutes of calling, hanging up and then calling back. Then when I was placed in queue the wait was only four minutes. For starters, EDD needs to update their phone systems.

          The rep then told me that it appears as if the department does believe I’m working and collecting UI benefits at the same time; based on the description on the back of the notice. I then requested an appointment date change and the rep informed me that I may not get reimbursed my benefits if I request an extension.

          Then I received an e-mail shortly after describing that my appointment is one day prior to the original appointment. I’m pretty darn happy about that.

          The rep told me that I should have witnesses, to proof that I haven’t found any work, and be honest, I don't know how to do that. So, I have a list of my interview dates and contact times for possible employers; the list is literally in the hundreds, and speak honestly to the investigator.

          Personally I think that the Employment Department would do better assisting people in job searches rather than giving out money. I’m not saying that it would help my situation, but for how much they dish out, I think the money could be used somewhere else instead.

          If any of you have any questions or would like some type of guidance, please feel free to post. Just do the best you can and there’s no room for judgment, because I’ve been facing rejection for almost a year now.

          I wish all the best of luck.
          Last edited by TheRandomGuy; 08-14-2010, 05:05 PM.


          The 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 are opinions and suggestions of members and is not a representation of the opinions of 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.