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I am fired. Applied for unemployment. EDD has asked to

answer the questions below: 1. Why...
I am fired. Applied for unemployment. EDD has asked to answer the questions below:
1. Why are you not working at the current company?
2. Were you given warning?
3. When were you given warningNeed help to answer these questions so that I can get the unemployment benefit without hassle.
Thanks.
:Gopal
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Answered in 2 minutes by:
10/14/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,670
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The state asks your employer these same questions, so you need to answer them in the way that you know to be true.

If you were fired for misconduct or violation of a policy, state so. It is better to lose unemployment than to be charged with fraud if your answers don't match up with what the evidence will show.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
My honest answer is below:
1. Not working because my job was terminated on 9/25/2017
2. Yes, I was given warning that my boss is not happy with my performance.
3. I was given warning 2 weeks before my termination.Note: the note is that part of my warning was that I will be assigned weekly task and my performance will be evaluated. I immediately completed the task. Also I did not agree that I did not perform per my role. I asked for specifics from my boss so that I can improve - I never got a response. As EDD is not asking the details, I am not planning to provide the detail. The truth is there is no complain against my performance - it is about my boss wanted to setup his own team after my old boss left. I also want to complain to labor department or to appropriate agency that my employer is lying that I am not performing. Rather than accepting that they want to bring own people they are putting false allegations on me.

Thank you.

You should certainly answer those questions just in that way. The problem though is that your employer is going to state that you were terminated with cause. There is no answer that you can give here that will keep this from having an investigation. The state has to.

You'll have the chance in that hearing to state your case, but you should start by putting that you were warned but didn't agree with the assessment. Also note that it was performance rather than misconduct.

It is difficult to get unemployment blocked based on performance allegations, so ultimately you'll likely prevail. But there just isn't a way to nip this in the bud now. You have to state your position, the employer will state theirs, it won't be exactly the same and that will prompt a "hearing."

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Customer reply replied 4 months ago
I am 100% OK with company let me go at will but it is painful to have false allegations. I got your suggestions - thank you very much. Is there any other agency that I should complain and there should be an investigation that this employer lies. In my written communication to my boss and CC to HR I mentioned that I respectfully ***** ***** the assessments - but no clarification was given either by Boss or by HR.

No, because it isn't illegal for the employer to communicate to unemployment their basis. They are a privileged third party, so it doesn't really create a record anywhere.

An employer doesn't have to be accurate in their assessments.

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Customer reply replied 4 months ago
Hi Allen !
I got your suggestions. I think you mean there is no agency I can complain about misconduct of my boss and the malpractices of the company. Rather than accepting their problem they are blaming the employees. The new boss is in the process of firing every one (4 people) who were previously reporting to earlier boss. This new boss rarely communicate to the said 4 people and has a bias against them. Truth is that he want to substitute them by his own peopler but he is lying that these 4 people are not performing.

Yes, there is no agency. Your employer's actions aren't illegal.

They are allowed to blame employees. Nothing in law says that your employer has to be accurate in their assessments. You were terminated and you will be able to get unemployment, but that is all.

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Customer reply replied 4 months ago
Need your thoughts. I have strong belief that there is injustice to me. No one should have right to blame false way. I was talking to an attorney and he promised to sue this employer for no cost. Does it make sense to you that I should let the attorney go ahead. Any precaution I need to be aware of !

You can certainly allow an attorney to attempt it, but unless you can prove some sort of actual discrimination based on race, religion, gender, age, disability or recent FMLA use, I do not see a legal claim here.

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Customer reply replied 4 months ago
Thanks Allen for so authentic suggestion. The issue may be closed.

Take care and please rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,670
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,670
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Experience: Employment/Labor Law Litigation

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