Topic: I just got fired!

[trucha]

sound normal....hard working people that has earned their unemployment gets denied....and lazy a...holes that use the system get approved

[kneedownnate [OP]]

Yup, I ran into an ex coworker last friday at edd who was let go in 07 who's still collecting unemployment!    The guy was the opitomy of scuzzball and system user, the type who works it to get almost no taxes pulled from paychecks then get a few thousand or more refund. 

[Steve_925]

i think what it might be saying is if they called your last employer and he told Edd that you were fired and not laid off due to lack of work that may why. I'm pretty sure if you get fired you cant get unemployment. call the guy you worked for and ask him if he received a call

[kneedownnate [OP]]

That's not the part I'm asking about.  I'm curious about interpretation of how they worded this:  You are not eligible to receive benefits under california unemployment insurance code section 1256 beginning 7/05/09 and continuing until you return to work after the disqualifying act and earn $1510.00 or more in bona fide employment, and you contact the above office to reopen your claim.

[SocalWheeler71]

You need to file your appeal. There should be instructions in that last letter, or call the EDD. I had to do it. It was a nightmare, one of the lamest things I've ever had to go through. I had to wait 4 months for my appeal date, and my prick ex-bos showed up with several b.s. stories about me that I had to dispute to a judge. Long story short I won. After five months I got all my back unemployment in a lump sum, almost six grand. This was back in early 08', when the economy started going downhill.

[SocalWheeler71]

That's not the part I'm asking about.  I'm curious about interpretation of how they worded this:  You are not eligible to receive benefits under california unemployment insurance code section 1256 beginning 7/05/09 and continuing until you return to work after the disqualifying act and earn $1510.00 or more in bona fide employment, and you contact the above office to reopen your claim.

Same thing happened to me. Initially they approved me, then I got one just like this. File an appeal.

[SocalWheeler71]

Stopped by a friend's shop and got a little info from one of his guys.  Turns out both he and his dad went through this, getting denied for unemployment after getting fired because they made the mistake of signing a piece of paper, a piece of paper you don't have to sign evidently.  That's probably what's screwing me now, cause they got me to sign it by saying it was the only way to get my last check at that time.  They didn't disclose to me that I may be making it look as if I agreed with the terms of my termination by signing it, which I obviously never would have done had I known better!  He said the difference would have been I wouldn't have received my last check until I got approved for unemployment, or something like that. 

I'll still appeal if it comes to it, but hopefully I can explain this all to the judge when I meet with him and he'll see the deception on their part. 

Under the letter of the law in the state of CA, anything you sign for your employer while under their employ is considered "under duress" and not admissible in a court of law. As in- "if you don't sign this you're fired". The employer doesn't even have to say it, the court considers it implied.

The problem is you'll have to sue them for wrongful termination for this fact to matter, but it might be worth it for you to talk to a lawyer.

[kneedownnate [OP]]

Spoke to a lady at the dmv today and she clarified it somewhat.  The way she said it, once I've reached $1510 in earnings from another employer I can reopen my claim, at which time I'll get unemployment to make up for the hours I'm not working.  She also strongly suggested I file an appeal since I feel so strongly about my case.  Bummer is, she says it's a 13 week process.  I don't know what I'll be doing in 3 months 

[Stocker]

She also strongly suggested I file an appeal since I feel so strongly about my case.  Bummer is, she says it's a 13 week process.  I don't know what I'll be doing in 3 months 

If you choose not to appeal, you know for sure that in 3 months, you will not be collecting any back benefits.   

[kneedownnate [OP]]

Yea, I just need to ask a couple more questions.  Like if I do reopen the claim and start collecting after earning the $1510, will that make it so I can't appeal, and if I do so will I automatically get the same amount I was previously told I would?