What does a disqualification exactly mean?

by Amish Patel
(California)

I took a few months off from my job of 6+ years last December, and returned to work in April, but only for 2 weeks due to slow business. I was told that I would not have any definite hours for the next few weeks, but I MIGHT get work here and there. Since I had been unemployed and collecting no benefits from Dec-March, I did not have the funds to stick around in a place and pay for rent, bills, food, general living expenses while I sat around waiting for the job to call me, so I went back home where I could live rent free. I applied for benefits, citing layoff as the reason (this is the choice that best fitted). A few weeks later, I had a telephone interview and subsequently received a letter of determination. The letter cites that I have been disqualified for FALSE STATEMENT for 5 weeks. I have finished serving my 5 week disqualification, but am unsure if I will continue to receive future benefits. I have tried calling EDD, and have gotten 2 different answers, one saying I will, another saying I wont. Right now you cannot get through on their lines, so I'm in limbo.

Hi Amish,

You didn't give the details that would really allow me to fully answer your specific question, but I can address some things.

There are different kinds of disqualifications and they can come in varying lengths dependent upon the type it is and have different requirements for removing the disqualification.

Since the one you're asking about is a disqualification for false statement .. read this.

A false statement disqualification is one you must "serve". One for quitting or misconduct must be "purged" by earning subsequent wages. A disqualification for not being able and available for work can be "lifted" when you become able and available.

Did you notice the phrase "if otherwise eligible"?

I think that phrase is why you might have gotten two different answers from the EDD.

You didn't tell me why you took three months off, but unless it was an FMLA leave or employer approved personal leave you quit at that time. When you came back and worked for two weeks and decided not to stay because you were basically "on call" you quit at that time too. There was no layoff .. therefore the false statement assessment .. which by the way you should have appealed.

Here's what I think. Now that the disqualification is up for the false statement, the State of California is now going to take a look at the separation again and see if you are "otherwise eligible".

The possibilities I see for you are a possible disqualification for:

Voluntarily quitting without good cause or refusal of suitable work.

So to understand how disqualifications are removed you should read this page.

What you will notice is that to remove a VQ or Misconduct disqualification .. you have to return to work and earn wages and if you do that ... it follows that you would then have to be unlucky enough to have another job end and it would have to be under qualifying circumstances.

If you get another determination disqualifying you for quitting or refusing work .. come back.

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What does a disqualification exactly mean?

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Jul 08, 2009

Additional feedback, please...
by: Amish Patel

Thanks for your quick response, youve already been more help than the EDD callcenter. On my appeal letter, it cites sections 1257(a) False Statement and subsequently 1260(d)-the penalty I must serve, which is 5 weeks. It mentions nothing about quiting without good reason or what I can do to lift a disqualification for a VQ. I also recieved 4 weeks of back pay AFTER the phone interview, and do not think I would of recieved this if I was disqualified under the VQ. On contrast, I would of expected them to want me to return the 1 week of benefits I did recieve prior to the telephone interview. In your opinion, does being put on call justify payout of benefits? What if the boss and I agreed that I would just help during a set period of time, and that period was over. FYI-I origianlly did quit my job in December and understand I should not of received benefits then and so did not apply. When I started again in April, it was for a different department, same company, but was there to help during a historically busy period. Thanks again in advance!

HMMMM!!

Why would you have received backpay if disqualified? Did they issue a retermination?

Now you've raised the specter of an overpayment.

If during your two week stint with the different department you earned 5 times your weekly benefits amount you would have purged the VQ disqualification from the quit in December. Then when they reduced your hours and you decided to quit this spring, that could be seen as with good cause or if you had remained on call as a possible partial unemployment situation.

If you and the boss agreed to a set time you would help .. I'd call that a temporary assignment.

Here's the thing .. the state has no need to issue a nonmonetary determination until you serve the false statement disqualification. When that one is up they would have to issue another determination when you file your continued claim.

I honestly wish I could see your papers. I feel like I'm in a dark room trying to read a phone book without my reading glasses:)

Jul 08, 2009

Additional feedback, please...
by: Amish Patel

Do you have an email address I could forward you the determination notice for your viewing. FYI-I did not file for unemployment after leaving in December. The first time I filled was after my April job. If the employer and I agreed that I was just going to be temporary help, does this hurt or help my case?

Regarding the 5 week disqualification. It is my understanding that you could only remove this if you were eligible for benefits in all other ways for those weeks, indicating that I must of been eligible each week for 5 weeks for it to count towards the disqualification lift, no? Thanks again.

Amish,

I do have a fax number, but document review isn't free.

A disqualification for false statements can't be lifted or even purged. It can only be served. You would then be eligible "IF otherwise entitled to benefits. Do you have a determination at all which says you are entitled to benefits. Does that false statement determination say anything about you being allowed benefits?

Did you and the employer actually have an agreement for a temporary position only?

You originally said that you quit because the hours were cut back to a possibility of on call work only.

Here's what I think you're missing. Even though you didn't file for UI after you quit last year, the wages from that employment are part of your base period. The state sends out a notice of claim filed to all base period employers and they can protest. A voluntary quit disqualification needs to be purged by returning to work and earning at least 5 times the weekly benefit amount established by the wages in your base period .. it is a separate disqualification from the one for false statement.

Now that the false statement disqualification has been served .. they will be looking at the reasons for the separations .. which are both quits. The first one is without good cause, but it's possible that you already purge it when you went back to work and earned some money.

Why don't you tell me what it is you told the state .. that they thought was false.

Jul 09, 2009

one last question...for now
by: Amish Patel

The agreement the employer and I had was that I would work the busy part of the Season Pass sales period, which has historically ran April 1st-April 30th. This year, due to the website offloading many calls, our volume was slower than anticipated, the busy part was only the 1st week, which I worked.

Does this help or hurt my case?

The letter states nothing of me being entitled to benefits, but it also does not cite me being denied due to VQ. It just cites the 5 week penalty for FS. Do you think they will send me another determination indicating the VQ?

The thing that gives me concern is that you didn't appeal the FS determination. It's too late now and a VQ disqualification requires that you return to work and earn 5 times your established WBA in subsequent work.

If what they considered false was because you said layoff instead of quitting .. the only place they could of received that information from is the employer. But if you had appealed you could of addressed the actual realities of the arrangement with the employer .. which could have removed the FS disqualification .. but you let it stand.

Why?

Jul 09, 2009

Of course I appealed...
by: Amish Patel

I'm sorry, I didnt address the FS decison. Of course I appealed it. I truly believe that the average employee would consider leaving under my circumstances a layoff. I surly did. Further, I was informed by 2 managers I could book my ticket back home, as they would not need me moving forward, a few days prior to my last day. That sure sounds like a layoff to me. I am now waiting for an appeal hearing date, which will probably be in 2-3 months. I am dissapointed that when I called EDD the first time, I was told I would recieve benefits after these 5 weeks, so I only appealed the 5 week FS statement, not the VQ, as nothing about the VQ is in the letter.

PS- If/when I do recieve benefits, I'll kick back on this site. I really appreciate your help. Thanks again.

Amish

Oct 28, 2009

disqualification
by: Pearl

i filed for unemployment insurance in august of 2009. they sent me a letter stating i was disqualified because three years ago i was made a false statement because i was working a temp job and received 2 pay checks. i have been disqualified for 15 weeks. they said that i received a letter in 2007 stating that i was disqualified if i applied for unemployment insurance. i never recalled receiving that letter. where does that money go i get the maximum and they are really cleaning up! help me..

What state are you in Pearl? .. Where does the money go? I suspect it doesn't go anywhere .. it's money they don't have to pay out of the fund.

Nov 21, 2009

help!!!!!!!
by: Anonymous

why i am receivin claim forms to be fill so edd could send me a check but, at the top it saids 10-08-2009 week disqualification what does that mean does that mean im no getting unemployment insurance please helpppp..

Hi,

Did you receive a determination denying benefits, which you have appealed and are waiting for the hearing?

Jan 19, 2010

Am I "Otherwise Eligible" in California?
by: daniel

Several months ago I was laid off. My employer told me about 10 times that I was going to be laid off due to the economy. Then on the day, I was terminated my employer said it was for poor performance (I think they were trying to prevent me from getting benefits under 1256 misconduct). When I applied for benefits, I told them I was laid off due to the economy. The EDD sent me a notice of determination saying I had made a false statement under 1257(a) (because I didn't say I was fired for performance), was disqualified for 5 weeks, etc. The EDD letter also said that I didn't commit 1256 misconduct. I submitted the Continued Claim Forms for the 5 weeks. Can I just go ahead and reapply for unemployment benefits? Should I say that I was fired for performance even though that's not true?

Answer
Hi,

The penalty should end after you have submitted a continued claim for each of 5 weeks. So keep filing continuing claims. You must still be able and available for work and actively seeking work.

You should be cleared for benefits starting with week six if it was found that you were not discharged for misconduct and you have served the misrepresentation penalty of five weeks without benefits.

I cannot recall if the disqualification includes the waiting week everyone must serve, but if it doesn't .. benefits should start in week seven.

Feb 05, 2010

disqualified for 10 weeks. what now??
by: kayla

My fiance was fired a month ago due to misconduct. He yelled at a manager. He got a letter in the mail today stating,

"you were discharged from your job with your most recent bona fide employer for improper actions in connection with the work. your actions showed a disregard for the best interest of your employer and a disqualification is imposed under the south carolina employment security law, SECTION 41-35-120(2). You are disqualified for 10 weeks. Your maximum benefits are also reduced by 10 times your weekly benefit amount."

What my question is, after his 10 week disqualification is up, does he need to reapply or will they mail him a check after that point??

Hi,

He needs to continue to file while disqualified .. if he isn't going to appeal.

Once he has served the disqualification period he should be cleared to receive the remaining benefits.

Unlike most states, the USDOL says that SC does not also have a requirement to earn x amount of your weekly benefit amount in addition to the disqualification period.

A disqualification for misconduct in SC can range anywhere from 5 - 26 weeks.

Oct 19, 2010

HELP{
by: Anonymous

I have not recieved my letter yet but when i called the 800 number to check my benefits it said that i had been disqualifed. So when I finally spoke to someone they said that I would be recieving a letter in the mail. What should I do? Does this mean I am not getting my benefits? HELP!

Hi,

That's what disqualified means .. no benefits.

You can appeal the determination or "letter" you receive in the mail. It will have some basic instructions and the deadline.

Make sure you are timely with the appeal.

Nov 23, 2010

disqulification
by: Anonymous

Disqulified for false stmt in AR please help.
I went to work and they sent me home...because about a month before that I told them I was thinking about going to school.
When they sent me home I put on my unemployment claim that I was laid off. I have been through the first appeal process and the hearing officer decided that the employer excelerated my departure of quiting however I never quit they sent me home. Is there anything I can do...

Will I ever get any unemployment benifits if my 2nd appeal is denied.
This is my word aginst the companys and they are clearly siding with the company.
Can I reapply for benifits, if so should I put fired or quit instead of laid off??

Please ask your own question on this page, because although you might think your question has something to do with "disqualifications" .. my answer won't.

It will have to do with how people manage to disqualify themselves by thinking none of the stuff they put on their claim form or tell the unemployment department will ever be exposed as untrue and how if you have an appeal hearing .. and lose .. chances have exponentially increased now that a second appeal will fail as well.

You can also read exactly what MY rules are for asking questions or adding comments to an existing submission.

Dec 06, 2010

Best way to defend myself
by: Raynet

I was disqualified for UI benefits on two issues according to my appeal papers. They are using 1253(c) and 1256 for me to address and defend myself on. I am a school employee and have been going to school to get my credential. To make a long story short, I had to do the student teaching because I did not have a job to do it in my own classroom. I took a leave of absence from my job (approved by the Board of ED) to complete my course. I have since returned to work on the 29th of November. How should I defend myself? I have a letter from my professor to my principal that I am returning to work early and doing a part-time stint next year to complete the class. This to me is a good reason to VQ (which I did not do) to complete my coursework to get a job in my district! I have to be "highly qualified according to NCLB enacted by President Bush meaning I need a credential to be a teacher. What do you think?

Well, I quite frankly am confused as to what you think would be a valid appeal.

I'm also confused as to why the EDD even used 1256 since you yourself say you took a "leave of absence" and didn't really voluntarily quit your job which you are now back to work doing.

One of the basic conditions that must be met to collect is to be able and available for any offered suitable work while unemployed.

You were in fact voluntarily restricting yourself from being available for offered "covered employment" to complete the necessary training as a student teacher.

I do not think it is defensible per California (I assumed it's CA from the statute numbers.)

Dec 31, 2010

notice of determination of invalid claim help!
by: Anonymous

I received a letter of "notice of invalid claim" and was scared that i would not receive any more benefits. I gave some false information over the phone claiming that i had worked when i actually had not.I did this thinking my benefits would continue if i made at least 1,300 dollars in one quarter. However, they opened a new claim file for the job i said that i had but did not. after further looking into what the "notice of determination letter" actually meant, it turns out i still do qualify for "extended benefits". Now i have already given them false information, they started another claim. what will my penalty be for giving false information? and will i be able to go back to my original claim and get extended benefits? Please help me! I am really scared! Thank you so much in advance for your help!

Can't say a thing .. because you didn't tell me what state you are in. I could guess by doing a little research to find out what states require 1300 to qualify for a "2nd benefit year", but I'm not going to.

And even then .. I would need to know more about why you did such a boneheaded thing.

If you want to follow up .. please create your own submission.

Comments should be confined to the original submission and although I do see why you thought your question might be appropriate for a comment here .. disqualifications are a subject that definitely depends on which state and the individual's circumstances.

Feb 16, 2011

why am i still getting claim forms if i am disqualified?
by: Anonymous

am i still eligible to get my unemployment insurance even though they disqualiy me for 2 weeks?...i don't get it!!! my spouse says if i haven't received any letter about denying of my benefits then i am still eligible..is this true? cuz' they still sending me claim forms..

Could you do me a favor .. please.

Ask your question on here on this page .. unless a comment is directly related to the original question .. these comments easily become off topic when they are actually questions.

Also, be sure to include the name of state you are collecting from along with the reason you were denied for two weeks.

Requirement of the name of the state is a non-negotiable element to a "question".

Nov 01, 2011

Multiple letters of denial
by: Mike

On Oct. 6 I was let go from my job. I filed the next day, got a letter saying I had been granted UI benifits for $450 a week. It had a 2 week eligibility form for 10-9 to 10-22. I mailed it back the 23rd. Then around the 26th I got a letter for a determination interview the 28th. I had the interview on the 28th. Today 10-31 I received a number of letters in the mail. One states no benifits for week ending 10-15 (ok I get that, its the 1 wk wait period.) One dated 10/28 stating I will be getting my debit card w/i 5 days. And 4 from CA EDD Notice of Determination. These are identical- no difference at all (I even held them layered up to the light and they are exactly identical). They all state that I am not "eligible under section 1257a beginning 10/30/11 until you have filed a claim for each of 02 weeks in which you are otherwise eligible for benefits." It is for making false statements. (I mistook fired for cause as = misconduct and laid off for all else. I was wrong.) The former work is not contesting UI benifits. There are three questions 1- After I "serve" my two weeks, will the benefits start? Or will I have to go through another Determination Interview? 2- Why did I get 4 identical letters? I am afraid that each letter is for a two week period. Or did the person pushing print hit the key 3 xtra times? 3- will I loose not just 2 weeks but 4? I am hoping that I will get benefits for 10/16 to 10/30 then two weeks no benefits -(serving time boss, serving time) then back on the program. Please help!

I think you need to read how the process goes down so you can understand the difference between a monetary and a merit determination.

How unemployment works

Nov 06, 2012

DIsqualification
by: Anonymous

Hello i had a couple of questions, I have been denied benefits for unemployment, than went for the hearing the judge granted me benefits and back pay,for the weeks i wasnt working,than i received a letter from edd one week later saying that i was disqualified for the weeeks i had been granted back pay, and they gave me no reason due to me being disqualified,what should i do now.am i to expect any benifits at all, and about how long will it take for them to respond to me.. I actually just wrote edd to appeal for the disqualification that i have received.

You did it.

Although, I would of sent along a copy of the hearing decision hoping to luck out and get a redetermination ..

Other than this I'm just wondering if there weren't two determinations with different employers or if you filed continuing claims for all the weeks of back pay awarded by the hearing decision.,

If anyone needs help figuring out their paperwork from an unemployment department, please see this to schedule a consultation with me.

I have a toll free fax number and a special email address to send documents to for review.

Chris

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