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Need Help CA EDD California

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  • Need Help CA EDD California

    Hi,

    I posted this in another forum as well. I am hoping anyone can help me out with pointers etc.

    I was recently Terminated/Laid Off from my previous job and upon my exit interview with my employer, I had to return my office keys, company shirts and company issued credit card.
    To which I returned gladly upon leaving. The letter that I signed stated that I was being Terminated. When I asked my boss, who is the owner of the company he stated being laid off was a termination. It had three reasons why I was being terminated and before I singed the document. I said I can rebut these three reasons with emails correspondence between himself and I.
    I was told in order to receive my EDD benefits and last check I would need to sign the document. Which also stated that I had returned the Keys, Credit card and work shirts. I was never written up nor do I have any consoling paperwork, and I never signed any sort of written up paperwork. We had monthly meetings where we discussed issues that we where having and then went forward with solutions etc... I have never been laid off or fired from any job. And to my understanding a "A layoff is considered a termination of employment when the employer has no intention of recalling the employee to work." I was told that by the HR person from the other place I was employed at before this current job.

    I was let go on a Friday. For the entire week Monday- Friday. I would normally work a full 40 hours. I averaged about 5.5 hours a day for the week, until that Friday afternoon. Each day I was told that there was to many of us and not enough work for me to work my normal 8hrs during the day. I checked off Laid off/ Due insufficient work on my CA unemployment form. I was told that they were going in a different direction. I think he may have said on his form terminated. Am I going to lose the ability to collect UI benefits?

    I was laid off because the company was going in a different direction according to my boss and I was only able to work 5.5 hours a day for my last pay period because we were over staffed according to my boss. I had the exit interview and was told I could use him as reference and he would give me a glowing endorsement. A week later I emailed him and asked him for a letter of recommendation and he emailed back stating that he would write it and get it back to me.

    He said he would not contest the EDD benefits and I have an email stating that from him. I also have asked for a Letter Of Recommendation and he said he would gladly write.

    I applied to CA EDD for benefits and had to go through a id verification and now I have a phone interview with them. I called in to ask why and they are stating that my employer is contesting my EDD benefits.

    I emailed him casually today about the EDD, stating that he was contesting my benefits claim. I also asked if I could have access to my email records so I could gather some of the email records between both of us.

    He responded via email that he was not formally contesting the claim and he had gotten a letter from them as well the previous week and sent them the details of why I was terminated. Also my email account has been deleted as of last week. And that they were also company property. So I could not have access to them. As we host all internal email via Google Apps. Once they are deleted they are gone. And there is no way of getting them back.

    When I left the company I was told i was being Laid Off. Am I going to have my benefits denied because I signed that letter? It was the only proof I had of giving back the keys, credit card and work shirts.

    And I was assured that there would no contesting of the EDD benefits etc. Also if I was a bad employee why would he agree to write me a letter of recommendation. All the documentation I have is the email correspondence between my employer and myself since I am no longer with the company. I did not expect to get laid off. So I did not have a reason to think I should have saved our discussions via IM or email when we had any issues. At the company I worked for there is no HR person. The only interactions me and my other co worker had were with the owner of the company. I was essentially the office manager. It was a small office of only 3 people total.

    Please Help.......
    I am stressing out and it has been almost a month and I am afraid I may be evicted because I will not be able to pay my rent for the up coming month. I don't want to be homeless.


    I have been employed for the last 17 years and have never been on employment or disability etc.
    The most I have been out work is 3 days and that was leaving one position and going to another
    Last edited by CBK9811; 04-28-2013, 08:36 PM. Reason: new info

  • #2
    I also received my awards letter in the mail about a week and half ago.

    Comment


    • #3
      Any ending of employment is a termination. There is voluntary termination or involuntary terminAtion. A true definition of lay off means a return to work. However in the past few years it has mutated to mean an involuntary termination due to reduction in force.

      The company doesn't make the final decision on unemployment. That is up to the state. What did your award letter say? We're you granted unemp,payment?

      Comment


      • #4
        Originally posted by HRinMA View Post
        Any ending of employment is a termination. There is voluntary termination or involuntary terminAtion. A true definition of lay off means a return to work. However in the past few years it has mutated to mean an involuntary termination due to reduction in force.

        The company doesn't make the final decision on unemployment. That is up to the state. What did your award letter say? We're you granted unemp,payment?
        The awards letter says the amount of the my weekly benefit amount and how long the award is for. It was involuntary termination. I was told they were moving in a different direction by the owner of the company.
        I am stressing out because I put "LAID OFF" on the EDD form and I believe my employer put Termination. I have never been on UI in my entire life so this is a first time for myself.

        Ughhh I think I may end up being homeless......

        Comment


        • #5
          All layoffs are terminations. All quits are terminations. All firings are terminations. Some are voluntary and some are involuntary. The UI office is aware of this. The fact that you put laid off and the employer put termination is NOT a problem. . Termination is NOT a synonym for fired. Relax. You're fine.
          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


          • #6
            Originally posted by cbg View Post
            All layoffs are terminations. All quits are terminations. All firings are terminations. Some are voluntary and some are involuntary. The UI office is aware of this. The fact that you put laid off and the employer put termination is NOT a problem. . Termination is NOT a synonym for fired. Relax. You're fine.

            I am just stressing out, because I need to pay rent and everything else. I have this phone interview and I am still waiting until I get the paper work from EDD etc...
            I will try to call them and hopefully get an earlier interview etc...

            Comment


            • #7
              It is doubtful you can get an earlier interview. All other people applying are in the same boat and need the money. It would be unfair to push you to the front.

              The unemployment office won't even blink if the two sides say something different. That is what they are used to.

              Comment


              • #8
                Originally posted by HRinMA View Post
                It is doubtful you can get an earlier interview. All other people applying are in the same boat and need the money. It would be unfair to push you to the front.

                The unemployment office won't even blink if the two sides say something different. That is what they are used to.
                I asked last week and if you want a earlier interview. You need to call in and if there is a cancellation they will call you. Thats all you can ask for.
                But I will have my interview on Thursday

                Comment


                • #9
                  Questions

                  Questions are as follows

                  1- Why are you no longe working at your last place of employment.

                  2- Did they warn you about actions leading to your terminations.

                  3- When did they inform you of your dismal.

                  4- What information did you provide to unemployment (Accuracy / Relevancy).
                  Last edited by CBK9811; 04-30-2013, 06:16 PM.

                  Comment


                  • #10
                    Originally posted by CBK9811 View Post
                    Questions are as follows

                    1- Why are you no longe working at your last place of employment.

                    2- Did they warn you about actions leading to your terminations.

                    3- When did they inform you of your dismal.

                    4- What information did you provide to unemployment (Accuracy / Relevancy).
                    Are you asking how to respond to these questions? You should answer them truthfully and briefly. Don't include extra opinions. Also I always tell my managers, pick a truth and stick with it. What this means is to be consistent in your version of events.

                    Comment


                    • #11
                      Originally posted by HRinMA View Post
                      Are you asking how to respond to these questions? You should answer them truthfully and briefly. Don't include extra opinions. Also I always tell my managers, pick a truth and stick with it. What this means is to be consistent in your version of events.
                      I will answer them briefly and truthfully. I dont really have a reason to embellish or lie. I am nervous, I have heard/read the horror stories etc.

                      I just want to get this over with.

                      Comment


                      • #12
                        Okay so I had my interview today.

                        1. I was asked when I was "terminated" and I told the the interviewer.

                        2. I was asked what I put on my EDD application. I told her I put "laid off" because thats what I thought.
                        She explained to me that there is a difference to what i put and what what my employer placed on his form. That was the reason why I was having the phone interview. She also said that it has happened in the last few years where employers and employees who have been fired/discharged/terminated "which means the same thing" have put different things on the form. She said if you are not sure ASK!!!!

                        3. I asked her if because I put that on the form if I would have a penalty and she said no.

                        3a. I explained to her what happened in my exit interview etc. That they said they were moving in a different direction etc. And why I singed the form with me returning the keys and Credit Card, work shirts etc...

                        3b. She also explained to me that if it was misconduct that my employeer would have to prove it etc.
                        Also she asked if I had been warned "written up" etc.. And I explained to her I was not.

                        3c. She als asked if i was aware I was going to be terminated. I said i did not.

                        4. She also stated that she called my employer and he did not return her phone call. Which is odd because he uses his phone all day long.

                        5. He had 48 hrs to return the phone call she was going to place today and he needed to respond.

                        6. I was not able to send in any more claims after the first one I sent in via CA EDD Web Cert. The interviewer said she would send them out to me and that I would be able to use Web Cert tomorrow to use file the new claims.

                        7. She said if everything went according to plan and my employer did not contest my EDD that she would grant my claim on Tuesday.


                        Hopefully this goes well. I will report back to you how this plays out in the next week.
                        I would like to thank everyone who has chimed in with their help and advice.
                        Also the EDD interviewer was very nice and very pleasant.
                        She was not one of the horror stories I have been reading about.

                        Comment


                        • #13
                          Sounds like it went well. Good luck.

                          Comment


                          • #14
                            Originally posted by HRinMA View Post
                            Sounds like it went well. Good luck.
                            Thank you, I hope it goes well myself.

                            Comment


                            • #15
                              Missed a phone call from EDD

                              I just missed a phone call from them and the 800 number is queue'd out.
                              I wasn't scheduled or had an interview with them.
                              What do I do?

                              Comment

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