I understood that coming forward was the main thing i should do, but the 30% issue , i believe i wasn't at fault. mainly because i didn't see the report till this mail and honestly i felt as if they were looking for reasons to release me. Then you need to fight the appeal. If you simply abandon the claim, EDD will almost certainly find the overpayment and demand the money back, and if the claim was made improperly, they will add the 30% on. If the reason you were let go was because you were accused of stealing---the employer MUST PROVE that, or you will win your claim. If they prove it, then you may be hit with the 30%. That is the law.
my main concern is that: the phone interview already said that i wouldn't qualify and they would give me a call back regarding this case, but there was no call back and only edd card was mail me to me. so i figure the employer approved and well as edd did investigate. Again, if you want to argue the facts in your favor, you will have to attend the meeting scheduled---either in person or by phone.
would this concern help me with this case to clear the 30%? or should it wouldn't help. Look, you either were not entitled to unemployment because you were terminated for cause---or you were entitled to it. If you were terminated for cause, and you mislead EDD as to why they let you go, then the overpayment penalty will apply. If you were not terminated for cause, because they cannot prove that you stole, then there is really no reason to end the claim here. You only end it if you know that you wrongfully applied. If you believe that you had the right to apply, then you must fight the denial, and appear for the hearing and fight for your rights.
so, once i call edd and come forward- do i need to call the court hearing # ? or will edd clear things out with the hearing and employer filing this appeal claim. If you just terminate your claim, EDD will take the hearing off schedule. This is NOT a court hearing, just an administrative hearing by EDD. There is no court; there is no judge in the typical sense.
basically, do i need to plead my case to edd: or will edd just cancel the claim and start the repayment plan. See the above answers for your options.
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