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Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2302
Experience:  15 Years Litigation Experience
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I made a mistake on my continued claim form for unemployment.

Resolved Question:

I made a mistake on my continued claim form for unemployment. I was paid wages for 10/12-10/14 on Nov 20th. I was terminated on Ocober 15th.

I sent several e-mail explaining the error to EDD.

Now I have to have a phone interview to determine if I am eligible. Can I be disqualified for this error ? Why is the interview necessary ?

Also, they claim to have mailed the information regarding the interview but I have not received it. I sent them an e-mail asking about this but have not received an answer. If I miss the interview, will I be held accountable since I notified them ?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Anne_C replied 4 years ago.

DearCustomer

 

I am sorry that you have lost your job.

 

You could be disqualified for unemployment if you intentionally gave EDD the wrong information, but you shouldn't be disqualified for making a mistake.

 

There is something that jumped out at me about your post that may help you to explain to EDD why you made the error: under California labor law, you should have been paid all of pay owing the day you were terminated. If you resigned, you should have been paid within 3 days of termination.

 

It is very important that you participate in the phone interview with EDD, because you can lose benefits if you do not. You may be able to explain later that you didn't get the information and that you asked for it by e-mail, but it can take weeks to reinstate benefits. If they aren't answering the phone or e-mails, you can always go in to an EDD office.

 

EDD conducts interviews when there is an issue about eligibility for benefits. If you were terminated for cause, you may not be eligible for benefits. If you were simply laid off, you would be eligible for benefits. The reason for the interview may well be that couple days in October where you were still employed.

 

Good luck.

Customer: replied 4 years ago.

Hi,

 

thank you. That was helpful.

 

However, I already had an interview to determine my eligibility and was approved. I was terminated and not paid all of my wages on my last day.

 

This interview is regarding the mistake I made. I was just trying to give them the information, I didn't realize that they would not read the dates on the form and now call it into question.

 

Do you know if I was obligated to supply thsi information ? I can never get a straight answer.

 

Thanks !

 

 

Expert:  Anne_C replied 4 years ago.

DearCustomer

 

My assumption is that because the dates you supplied to EDD and the dates your employer supplied to EDD don't match and because your employer had a later termination date - that it triggered an automatic interview.

 

If you are wondering if you should have told them about the two day mistake, yes, but EDD's instructions are to call them to change information on a claim form. So, I'm not sure how you could have told them about the problem if they aren't answering the phone.

 

Keep in mind that when you filed for benefits, you hadn't been paid for those days - so your unemployment application was correct, and your employer was wrong in failing to follow wage & labor laws.

 

Good luck!

Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2302
Experience: 15 Years Litigation Experience
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