What does a disqualification exactly mean?
by Amish Patel
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.
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.