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Old 08-22-2014, 05:28 PM
 
3 posts, read 3,974 times
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I have a couple questions about my UI Claim and hoping someone can help answer them. I have tried to call their office and CANNOT get through to a live rep and I live about 200 miles away from the EDD office so going in person isn't an option.

I filed my claim on August 1st 2014 when i was laid off. On August 6th I received two letters about my claim, one giving me a break down about my employer info and another stating I would receive benefits of $308 every week, I think its what they call the "award letter". Here is where my concerns started. I recently moved and gave my sister permission to open my mail so she was the one who initially read the letters at first, I wasn't anxious to actually take a look at the letters myself since I assumed I was already approved. I ignored it and then on August 8th I received the "continued claim form" which I filled out and sent back on August 10th. On August 16th i received another "continued claim form" which is to be mailed August 24th (this Sunday). Yesterday I got a letter stating i would have a phone interview August 23rd (tomorrow). I was a bit confused when I received the letter about the phone interview because i thought i was already approved, so i went back and started analyzing all my correspondence from EDD then i saw that they had my employers address wrong, they have a NY address and I worked in Orange County, CA. I also saw my quarterly wages were a bit high from what i estimated which i had a hard time doing since i was paid on a Semi- monthly basis (every 1st and 15th) so sometimes i would get paid for 80hrs ,88hrs even 96hrs.

my questions are..

Can having my employers address and my quarterly wages not matching to what i initially put on my claim be the cause why they want to speak with me?

Why am i getting the continued claim forms if they are questioning my eligibility or do they still send them to everyone even if they are denied?

why would i received an award letter, then a phone interview?

Another thing is my employers changed company names like 3 times since i was hired, the name i gave on my claim was NOT listed on my quarterly summary, only 2 previous DBA's were listed. i put the name that was on my checks, Can this be another issue?


I was paid until 7/31 but put on my claim 7/30 was my last day. we got a mini severence. does this matter?



ALL the info I gave on my initial claim was suggested by my HR manager.


Hope someone can help me understand, i am a newbie to all this


Thanks!!
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Old 08-22-2014, 05:59 PM
 
Location: Wisconsin
25,607 posts, read 56,725,093 times
Reputation: 23520
Quote:
Originally Posted by jennie4rmtheblock View Post
1. Can having my employers address and my quarterly wages not matching to what i initially put on my claim be the cause why they want to speak with me?

2. Why am i getting the continued claim forms if they are questioning my eligibility or do they still send them to everyone even if they are denied?

3. why would i received an award letter, then a phone interview?

4. Another thing is my employers changed company names like 3 times since i was hired, the name i gave on my claim was NOT listed on my quarterly summary, only 2 previous DBA's were listed. i put the name that was on my checks, Can this be another issue?

5. I was paid until 7/31 but put on my claim 7/30 was my last day. we got a mini severence. does this matter?
Routine claim processing.

1. Employer address and your state of work is not relevant - UNLESS - employer has reported wages to, and paid UI tax in, the State of NY - not CA. Since CA has found wages, this does not appear to be the case. No problem here.

2. Yes, they often send CC forms in advance of final claim approval - especially if employer responds late.

3. Award letters are often sent BEFORE phone interview. CA has questions, so, assuming there are no issues, eventually, you will get the benefits listed in that award letter.

4. Employer name is not the issue. Reporting of correct wages is. CA is not interrogating you on your company's name. CA IS interrogating you on the circumstances of your separation.

5. 7/31 v. 7/30 does not matter. Severance in CA is ignored.


Next time you need to call EDD, use the suggestions on the last several pages of this thread - especially 5-1-1-0. You'll get through:

https://www.city-data.com/forum/unemp...alifornia.html
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Old 08-22-2014, 06:04 PM
 
14,500 posts, read 31,236,309 times
Reputation: 2562
Quote:
Originally Posted by jennie4rmtheblock View Post
Can having my employers address and my quarterly wages not matching to what i initially put on my claim be the cause why they want to speak with me?
No. Many employers use a third party claims processor, and that's where the UI people mail stuff. I know this because my employer used PayChex to manage their UI claims, and they happen to be in NY, so I bet if you typed in the mailing address, I could find out exactly who your employer is using to handle their claims.

The more likely senario is that your employer is telling UI that you were fired rather than laid off.


Quote:
Originally Posted by jennie4rmtheblock View Post
Why am i getting the continued claim forms if they are questioning my eligibility or do they still send them to everyone even if they are denied?
YES! Everyone gets claims forms. Just because you aren't getting benefits now or get denied later doesn't mean that you won't eventually get benefits after an appeal. The state only pays benefits for submitted claims, so it would be unfair not to send the claim forms, have someone win on appeal, and then say, "oh, sure you got laid off 2 months ago, but you don't get benefits until starting now."

Quote:
Originally Posted by jennie4rmtheblock View Post
why would i received an award letter, then a phone interview??
Because it's easier. The award letters can be generated by a computer. The decision whether your reason for discharge warrants benefits requires a human to make a decision based on the facts.

This should greatly concern you so that you don't disqualify yourself. You know it's coming and you should be discussing the circumstances surrounding your separation so that you don't do the wrong thing or don't throw something important away that can make your life a lot easier.

Quote:
Originally Posted by jennie4rmtheblock View Post
Another thing is my employers changed company names like 3 times since i was hired, the name i gave on my claim was NOT listed on my quarterly summary, only 2 previous DBA's were listed. i put the name that was on my checks, Can this be another issue?


Don't worry about it.


[quote=jennie4rmtheblock;36199484]I was paid until 7/31 but put on my claim 7/30 was my last day. we got a mini severence. does this matter? .[/quote]

In CA, not really. They don't care about severance packages. It's based on the last day you physically worked, NOT the last day that you got paid for that matters. You might be kicking yourself about now that you didn't file sooner.

Quote:
Originally Posted by jennie4rmtheblock View Post
ALL the info I gave on my initial claim was suggested by my HR manager.
I'll say it again. NEVER listen to your employer about UI matters. In the end they foot the bill, and have an enormous conflict of interest. You get your advice from people that have been on UI and lived the system. Next time an employer tells you to leave, you try to get evidence you might need without saying another word to them, and run out the door and don't look back. Former employers complicate way too many claims for anything they say to be of any value.
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Old 08-22-2014, 06:10 PM
 
3 posts, read 3,974 times
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JUST an FYI: i was laid off because the company closed down. i am good friends with the EX owner so im sure no one is fighting the claim. that is why im a tad confused. but thank you for all the info!! )
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Old 08-22-2014, 06:16 PM
 
14,500 posts, read 31,236,309 times
Reputation: 2562
There is NO way that CA would schedule a phone interview for a lay off. I'm telling you that your employer or maybe you in all probability has raised a red flag that you Quit or were discharged. You need to be ready.
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Old 08-22-2014, 06:26 PM
 
3 posts, read 3,974 times
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i took your advice and looked up that NY address, it belongs to Paychex who would handle our payroll... maybe they are causing the red flag? hmmmm ill be ready for tomorrow...


Thanks again!!
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Old 08-22-2014, 09:49 PM
 
13,176 posts, read 21,251,707 times
Reputation: 21586
Quote:
Originally Posted by jennie4rmtheblock View Post
Another thing is my employers changed company names like 3 times since i was hired, the name i gave on my claim was NOT listed on my quarterly summary, only 2 previous DBA's were listed. i put the name that was on my checks, Can this be another issue?
It can be an issue if your employer not only changed names but essentially terminated one company and started a whole new company with a new EIN. If this happened, unemployment probably wants to ask you what is the story from your perspective. It may simply be that one of the "company" may not have paid into unemployment.
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Old 08-22-2014, 10:26 PM
 
14,500 posts, read 31,236,309 times
Reputation: 2562
Quote:
Originally Posted by jennie4rmtheblock View Post
it belongs to Paychex
These PayChex people are paid to FIGHT UI claims. Doesn't matter if you're entitled to benefits or not, they try to throw wrenches into the process.

Did you mark "laid off" as the reason for separation? There's a good chance PayChex marked "discharged" for no good reason. We've seen it here before that CA will assess a 2 to 5 week "false statement" penalty in cases like this, so I really hope you can prove to a deputy that your company really shut down so that you can avoid having to appeal the penalty. When claimants have appealed, they have won, but a lot almost have to be pressured to appeal because they think the 2 to 5 week wait in beneifts is no big deal.
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