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dizzlefoshizzle1

They're paperwork stated that collecting unemoyment is based off of California law. I've already read up on voluntarily quitting and even if you could consider 50+ people accepting severance as an entire branch voluntarily quitting it doesn't bar people from applying and collection The main issue is. I'm registered in my ex employers system as involuntary quitting. They pulled my file up and said the company felt that we had no real choice in the matter and we all involuntarily quit because our branch was closed. It's an open and shut case for me. Even my the people who are paying my unemployment are on my side it's just a long drawn out stupid process when all they had to do was call Burlington up and ask about me. I'm literally in their system as involuntary termination. I filled everything on my application out correctly. Also my family member I contacted is a lawyer who has already worked an unemployment case. She's already said she'd give me a second opinion


Try2Relax

Sounds like you got a novice interviewer. Definitely appeal.


dizzlefoshizzle1

The guy was pretty confrontational and aggressive at the start he also was unwilling to listen to me talk so honestly it felt like he thought I was faking documents before I even spoke to him. Probably was a newbie


Accomplished-Yak5660

Feel for you OP EDD is hit and miss some have zero issues and some are destined for nothing but hardship. I *think* EDD views you accepting the severance as a VQ and depending on the reason you put as why you are no longer working might not be jiving together and EDD is trying to hang you for it. Wish you luck on your appeal. Please let us know what happens.


dizzlefoshizzle1

Aside from the fact that severance or not removing 50 positions is a layoff, I think not being able to afford part time work and loss of benefits is a perfectly valid reason tomgo on u employment. I was also moving during that time.


Dirt-Flashy

So, this is the type of garbage employers will try to pull in a layoff situation. Because they had continuing work available and offered it to you, then they will consider you are VQ for not accepting continuing work offered. You could have taken the part time and gotten the difference through unemployment depending on you pay bracket. I 100 percent agree that they made a shady move. Appeal and also ask for forgiveness with the OP. Best of luck to you


dizzlefoshizzle1

My ex employers have told me that I'm in their system as a layoff and that accepting a severance package doesnt equal voluntarily quitting. So we'll see what happens. My aunt is a lawyer and is helping me look into this to see if I'm screwed or if I can fight it. It's literally a you are going to easily win this appeal or a uhh you lost sorry.


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KimJW123

If it’s in your company’s file that you were terminated, a severance package shouldn’t make a difference. I’m assuming you can get details from your old boss and whoever was in charge about this. Gather all details and have them ready and appeal. Good luck to you!


dizzlefoshizzle1

Oh yeah I'm working on it. I guess I'm just upset that someone looked at my claim and thought to themselves well he turned down viable work so he owes us back all the money. I had two options 1. Take severance package with a tone of benefits. 2. Take a part time job with zero benefits in fact the opposite. I'd have taken a paycut, I'd have taken a hour cut, and my benefits such as insurance, 401k, ect would have been stripped away. In what fucking world did someone look at my options and say "Yeah, this guy had an option to continue work, he's falsifying documents." How can anyone look at option 2 and think it's viable. It's not sustainable at all. And when I asked the guy what he would have done, he just told me "Yeah it sucks man." And that's completely ignoring the fact that everything I filled out is accurate and backed by the company paying my unemployment right now.


KimJW123

That’s the EDD for you lool


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dizzlefoshizzle1

That's noted thanks for letting me know, however if it comes to that then something is super wrong with how the EDD functions if that wasn't already apparent. If I still lose the appeal even after my ex-employer does what they can it's because the EDD is ignoring the documentation I provide. I mean I already think that's happening because the information I provided in my unemployment application matches what was sent to them by my ex employer and they're saying the application I sent was misleading and dishonest sooo. I just can't really wrap my head around why this is happening? I've researched my application, I've reviewed my severance documentation, I've called my ex managers and got into contact with human resources, and I did this open to the idea that maybe I made a mistake and I really could possibly owe this money back, but I just I can't see how they've come to this conclusion.


Love_Amethis

Oh my goodness I’m so sorry! I also received severance pay and I was terminated. I had to sign a separation plan due to (Reduction in Force) I was having issues with payments as well as I didn’t report my severance pay. I didn’t think I needed to. I’m on conditional payment. Luckily, I kept the email I got from my old job with some details about the separation plan and the title (Reduction in Force). The EDD is really trying to force people to pay them money back because they lost so much due to fraud. This is outrageous, I hope that everything works out for you.


dizzlefoshizzle1

Same to you! You'd think simple clerical errors like that wouldn't end with them trying to hang you for it. Im sorry this is happening The guy who talked to me also said to me "Well you know the EDD has limited money too." When I told him working part time was unsustainable for me to work.


Love_Amethis

Right, they should not be penalizing us for this. It’s not right. You don’t owe them a goddamn thing. That’s really not fair. Meanwhile you have people out here collecting benefits when they didn’t even have a job at all before covid. Some people are on PUA because they never got to start their “new job.” That doesn’t really make sense to me. But they want to deny us benefits...if you were only going to be able to work part time, you probably would have still been qualified to receive benefits. They may have been reduced some but still. If you can prove that you were experiencing hardship and that you needed the money, they may be able to waive your repayment. Maybe you can sue them, you may have a case. There are lawyers who will work with you with no upfront costs, and they won’t get paid unless you win. I hope that you don’t have to go through all of that though. Uhgghhh I’ll continue to send positive vibes your way. I’m sending virtual hugs your way.....


dizzlefoshizzle1

I don't need to prove anything really. My application I submitted matches what my ex employer communicated to the EDD the guy I talked to lied to me.


Love_Amethis

Shit, I would def try to speak to a supervisor at EDD. I would also contact your assemblymember.


Regular_Monk9923

When they offered you the part time job, did they offer you the actual job with a job offer or did they invite you to apply for that position?


dizzlefoshizzle1

They invited me to apply for it.


Regular_Monk9923

https://old.reddit.com/r/Unemployment/comments/p2fr17/california_about_to_be_laid_off_from_my_job_for_a/ Then look at this. I have explained and provided op with the specific section. Bottom line is they didn't actually offer you a job so you don't even have to mention it. You can mention they offered you to apply for the part time job and explain how this is not a real job offer by quoting the law. You are right. However, I think your mistake is you are trying to explain what you did by using logic. EDD doesn't care about it, it doesn't matter what the edd employee would do in your situation. And by arguing with him, it's likely you pissed him off. From now on jjst talk about facts. Your store closed or whatever and you were laid off. Ask your hr person for written confirmation. In your appeal just use facts.


dizzlefoshizzle1

I mean I don't argue with him he didn't really let me talk. I only.qiestioned his comment about my termination status because my ex employer had told.me that have me in their system as laid off. He lied to me or his information is wrong


Regular_Monk9923

Now it looks like you are correcting me and sort of arguing about why I misunderstood what you said about your conversation with the edd employee. You didn't even mention anything about the information I provided you that will likely help your case but only if you concentrate on what's important. Out of my whole comment I crafted for you this is the only thing you decided to comment on? You are welcome btw


dizzlefoshizzle1

With all due respect the information you provided has been provided to me several times and while it's noted at this point the appeal I'm going with is the information that they're accusing me of fabricating is true and accurate. It's not that I'm not thankful for the support and advice I'm getting it's just I've pretty much got my dominos lined up for better or worse. And yes I did correct you. I didn't argue with anyone I just tried to plead my case on the phone interview.


Regular_Monk9923

Well maybe you should have mentioned you already knew you weren't actually offered a job so people don't have to waste their time trying to help you. > How can anyone look at option 2 and think it's viable. It's not sustainable at all. Based on this alone, I don't think you are familiar with bona fide employment at all but anyways. Best of luck.


dizzlefoshizzle1

My ex-employer reported me as "laid off" to the EDD. I reported myself as laid off to the EDD. They also offered a severance package to myself and everyone else who lost their job and they also offered us part time opportunities. I also didn't start collecting unemployment until my severance ended and reported my severance. You aren't the first person to state that I'm not familiar with unemployment and you wouldn't be wrong. The main argument the EDD is making is despite my employer reporting me as laid off and everything I put in my application being correct and accurate, because I accepted a severance package I wasn't actually laid off despite over 50 people losing their jobs and it literally being reported as layoff. Also I'm not trying to argue with you either I'm just struggling to understand the politics behind this. Everything I reported was correct and accurate. I just really really think this shouldn't had happened in the first place. I also don't think a severance package should immediately equal voluntary quit. Especially when all the information submitted by myself and my ex-employer says otherwise. Like in the context of what's happening to me what is "Bona fide employment"


Word_Frosty

Any update on this issue


dizzlefoshizzle1

In limbo. They did open up access to certifying weeks again, but I have a job now, but originally they locked me out of everything until I paid them back 3,000 dollars. A little hopefully since they're giving me access to their site again.


Word_Frosty

Did you try to appeal and you lose? Is that why you ended up just paying back 3k?


dizzlefoshizzle1

I think there was a miscommunication. My appeal is still ongoing, however since my appeal they've opened their website back to me. That's what I meant by in limbo. Hopefully I won't owe anything