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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7530
Experience:  Significant experience in all areas of employment law.
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what if you were not aware that it was a termination and not a layoff, if your employer pr

Resolved Question:

what if you were not aware that it was a termination and not a layoff, if your employer provided you with paperwork to file for unemployment?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you.

I am not sure that I understand your question. Can you please explain in more detail what has happened and what your specific legal question is regarding the situation?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.

Please keep this confidential-


I was recently terminated and I filled out my unemployment info incorrectly -and mentioned that I was laid off as opposed to terminated. At the time that I was laid off, my employer provided me with paperwork to file for unemployment, so I made the assumption that it was a layoff. Now my claim for benefits has been denied since I provided incorrect info to EDD.


I am planning to file an appeal

Expert:  Patrick, Esq. replied 2 years ago.

Thank you very much for clarifying this for me. I should note that conversations on Just Answer are not private, nor does any attorney client confidentiality exist between us because I am not your attorney. Nonetheless, I can request that the moderators here at Just Answer lock this question after we are through so that it is blocked from public view.

I now have a good idea of the situation, but so that I do not provide an errant response, can you please tell me exactly what information you are seeking with regard to this situation? Are you concerned about what repercussions may result? Are you concerned about the arguments you would need to assert on appeal?

Please let me know and I will do my very best to provide a thorough response.

Customer: replied 2 years ago.

Thank you for blocking it from public view.


 


I am trying to get unemployment -I have worked full time there and sometimes worked on weekends and weeknights. I did my best and I did not get much support. I had to do way more work than what my job description required and the odds were against me, so I feel I deserve unemployment. But due to the mistake in the form I am confused as to how I should proceed now so I can still get unemployment benefits.

Expert:  Patrick, Esq. replied 2 years ago.
Thank you again for clarifying and for your patience in allowing me to respond.

Rest assured, employees who are "fired" are very often still able to collect unemployment benefits. All the employee needs to demonstrate is that termination was not "for cause." In order for termination to be "for cause," an employee must typically commit some sort of "willful misconduct," such as steal from their employer, show up to work drunk, yell at customers, or something egregious that warranted termination.

The fact that you misstated your separation of employment as a "layoff" rather than a "termination" would not typically preclude you from receiving benefits, especially because it is easily explainable under the circumstances why you believed you were "laid off" and not fired, as it appears to be the case for you.

The EDD will preclude applicants from receiving benefits that are otherwise eligible only when they find that the applicant attempted a purposeful deception. honest mistakes are not generally punished. Since stating that you were "fired" would not have automatically precluded you from collecting benefits, and since the circumstances of your termination of employment made it unclear whether you were in fact fired or laid off, the EDD will probably not disqualify you on account of your misstatement.

Quite simply, these facts need to be related to the EDD. EDD "1st level appeals" are quite informal, and so you will just need to present before the administrative hearing officer and explain that this was an honest mistake, and that although you were "fired," you were not fired for "misconduct." For more information on what constitutes "misconduct," see here: http://www.edd.ca.gov/uibdg/Misconduct_-_Table_of_Contents.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7530
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your detailed answer. I will give you a very high rating. You have truly answered my question. I just have one last question. I am about to mail this appeal in- should I just say that it was an honest mistake and I misunderstood that it was a layoff and then state my explanation for why I am qualified -my performance etc.?


That will not ruin my chances, right? I am not worried about wilful misconduct, in fact I had an excellent relationship with everyone there, and worked really hard etc.


Please confirm that is the case and I will send my appeal in and I will be sure to rate you very high.


 

Expert:  Patrick, Esq. replied 2 years ago.
Thank you very much for your kind words.

Yes, simply clarifying that this was a misunderstanding and explaining why you believed your termination was a "layoff" would typically be the best way to handle this kind of situation. The EDD is reasonable and an honest mischaracterization regarding the nature of your separation of employment will not typically preclude you from receiving benefits.

All the best to you moving forward.

Customer: replied 2 years ago.

Thank you!

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Patrick, Esq.
Patrick, Esq.
California Employment Lawyer
7530 Satisfied Customers
Significant experience in all areas of employment law.