Quote:
Originally Posted by FelyaSoCal
Not take the call? That would not automatically disqualify me? Sounds dangerous.
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You're not getting it. In a discharge the employer has the burden.
You could say that you were fired because:
It wasn't working out (raises more questions)
Poor performance (can sometimes be misconduct)
They didn't like you
They hired someone's relative
or
You can say absolutely nothing.
No matter what you say, they are going to talk to the employer. Because you only "worked" there a short time, they might not even bother responding.
Being fired is NOT disqualifying nor is NOT taking the call. The only thing that can get you disqualified in a discharge is when the employer makes a case for a bad act that rises to misconduct. Too many claimants in the application process and in the calls admit to the bad act, and then try to justify it which does NOT work.
Examples: I did not steal that pack of cigarettes. I was going to pay for them at the end of my shift when my boyfriend picked me up and brought me my purse.
I know I was late 12 times in the past 2 months, but I have 12 children, and they each got sick in that short span of time.
or my favorite:
https://scholar.google.com/scholar_c...,5&as_ylo=2015
The guy was disqualified by what came out of his own mouth. The employer didn't say one word to EDD, and it's this reason that in a discharge, you don't say one word about it to take full advantage of every procedural aspect of the system to get the easy victory.
Quote:
Originally Posted by FelyaSoCal
So don't tell the story (if I do take the call)? Only do this on the form Online?
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No, you only say that you were FIRED in writing or if you take the call. You will never be able to properly communicate in an understandable way to an overworked EDD worker the nuances of what happened to you, and for that reason, don't even try.
You are free to do what you want, but this silence game does work, and when it doesn't, it doesn't compromise or hurt you in any way at an appeal hearing. However, if you start talking too much, writing too much, saying things not quite the right way without knowing just what your employer is doing behind your back, you just end up increasing the amount of work you have to do in preparation for a hearing.
I was sort of where you were. I had a 36 hour per week job and my employer cut me to 20 hours per week and I lost my full time benefits. I ended up being super precise with what happened. I ended up appealing 5 times, and in the end it was concluded that my employer fired me from the job that I had, and I refused the job it was going to become. However, prior to that, I was getting denied as a quit without good cause.
If I had just not have written a letter of resignation nor admitted to quitting and said fired instead, I probably would have gotten a much better shot earlier it the process. Only 12% of quitters get UI. Just seeing the word "quit" come from a claimant causes a bias that is difficult to overcome. I'm trying to spare you from that.
I've gotten "quitters" UI before using the "I was fired" technique when their terms and conditions of employment were changed. It works.
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