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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Sep 03, 2019
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possible disqualification
by: Anonymous

Hi i was fired from my job for "fighting" i never hit the person back and im the one who informed management about the situation to avoid any escalation.The job still fired me for misconduct. I reported everything to unemployment including prior incidents that led to my firing. I was assulted at work and also called a racial slur (note: I removed the actual slur because my ad server won't serve ads when that and other words appear on a page) by an coworker and threatened to fight him out of emotion that was my final warning before the altercation that lead to my firing.

I noted all these write ups before i was fired to unemployment thinking it will help my cause and see that i was constantly harassed. i filed my unemployment on 8/11/19 and have yet to hear back from unemployment about my determination. what do you think of this?


I'll tell you what I think.. if the determination might end up allowing, or denying benefits, if you first tell me specifically, what each of the prior warnings were for .. as you explained each to the claim adjudicator .. since I already know what caused the final incident that resulted in you being terminated and whether the other employee was also fired, or not.

Chris

Jul 29, 2019
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Notice of Determination
by: Anonymous

After we had our daughter I went out on baby bonding paid family leave. After that I contacted my employer to tell them it was done and I could start working again. They told me they gave my post to someone else. I was floating around basically wherever they needed me. They hired me full time and started giving me less than full time hours. I would have to call them for work unless someone called off and they needed me to cover. I applied for unemployment because I was getting less than full time hours. I had my phone interview yesterday. I received benefits later that day. Now I check the mail and have a letter saying I'm ineligible to receive benefits under California code section 1257A beginning 07/21/19 until you have filed a claim for each of 02 weeks in which you are otherwise eligible for benefits. What exactly does this mean? Will I still be able to get benefits after two weeks? Should I appeal? I haven't worked since 05/09/2019.

This is what I found when I read section 1257A.

1257.
An individual is also disqualified for unemployment compensation benefits if:

(a) He or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, including, but not limited to, using a false name, false social security number, or other false identification, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division.

That sounds like the denial was caused by some finding of unemployment fraud, vs. a less severe non-fraud reason to deny benefits.

What you say the disqualification says, sounds to me like after you serve a two week penalty (meaning they are removing two weeks of benefits from your total claim balance, but you still have to claim benefits for the EDD to know when you have served the two weeks) you probably should be able to start collecting again.

But then again, I might be wrong .. since I don't know everything.

What I know for certain is this. If you think the EDD is nuts for determining you misrepresented some material fact when claiming benefits AFTER your employer cut your hours to the point you filed to collect even partial benefits and are now penalizing you two of the maximum 26 weeks you may need to collect, the logical thing to do is appeal, especially if you disagree with the determination finding you committed an act of unemployment fraud, when answering questions, either during the interview, or when filing each week until the interview took place.

It makes sense to me you'd claim benefits if your employer decided to stop giving you hours, however if all you tell me is all you know, I would then need to as you, if you think it's possible your employer may of responded to the EDD that you're still employed .. and making a misrepresentation of their own .. either willfully, or ignorantly.

I know how not knowing can cause mistakes, but still, it's the fraud part, I wouldn't be standing still for.

Ya, without knowing more about the details of your case .. I say appeal on principle .. if you didn't misrepresent any fact, but maybe your employer did when responding to the notice you filed the claim.

Jul 02, 2019
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Responding to Chris from July1st post
by: Anonymous

Hi Chris, well I received my edd customer number on the 1st of July so that's when I was able to certify online. Today I received a paper to certify through mail and it said it had to be done by the 30th of June. So technically, yes, I was late on certifying for my benefits but I received the paperwork late. Hopefully they have a way of looking into that because I would have definitely certified on time had a received my customer number earlier.


Hi,

If I learned anything from dealing with state unemployment departments .. it was accepting they made plenty of mistakes they didn't always fess up to. Sometimes, it became necessary for me to prove to a state that they, not I, made some critical mistake that was affecting a client.

Which may explain why, to this day I think of an envelope with a postmark, a fax transmittal, a mail date on some form, as something I might want to potentially scan and email to myself .. just in case I have to prove something to someone someday.

Someday I hope to get over the feeling I still need to CMA.


Chris


Jul 02, 2019
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Disqualified cerification
by: Anonymous

I applied an unemployment last JUNE 2, I Quieted from my work because Im a full time student. I did certify all week, and I had an Interview last JUNE 26, I haven't receive no mail yet. But I checked online and my certifications our disqualified. WHat is that mean, that I can't received no benefits? Is that mean that I disqualified to get a benefit? thank you.



Hi,

Yes, I do think it means you won't be receiving any benefits.

1. Quitting because you're a full time student, or to go to school is generally not a good cause reason to collect unemployment. Lots of questions about unemployment and going to school here.

2. Being a full-time student usually makes a person conditionally ineligible to collect because you're deemed as being able and available to look for work, or accept suitable work if a job is offered to you while collecting benefits .. both of which are conditional eligibility requirements to collect .. in addition to quitting for good cause, or being fired for something other than misconduct.

Chris

Jul 01, 2019
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New Claim
by: Anonymous

I filed an unemployment claim and then I received an email stating that I needed to certify for benefits for 2 weeks. I was waiting to receive my EDD customer number in the mail and when I did I certified for my benefits. I received this message Week 1 Certification Status
Disqualification for week ending 06/22/2019

Week 2 Certification Status
Disqualification for week ending 06/29/2019

however on the website its states that I have a phone interview on 7/10, will it say disqualified until I have my phone interview?



Hi,

I really can't say what to expect your claim's status should be, after the phone interview.

If you were waiting on a customer ID # from the state, did that happen to cause you to file late for those two weeks .. assuming California has claimants file bi-weekly for continuing benefits?

If this is a new claim, I wouldn't reasonably expect you to be paid any benefits, until after an eligibility interview takes place.

The exception might be if you filed a "lack of work" claim, an your employer responded in kind and very timely, to the notice sent to them when anyone files a claim against their SUTA.

But, considering you say the EDD website is indicating a disqualification, I would think it should also state the reason for the disqualification .. because how else does one know why they might want to appeal a claim determination.

Generally, if someone is waiting for the status of a new claim to change to allowed, or denied benefits, the status is indicated as "pending".

Generally, when a new claim is filed, it takes about three to six weeks, before one should expect to know if they are allowed to collect, or not.

Regardless, while waiting on the determination that let's you know if you have been allowed, or denied, it's very important to file/certify for each week you claim you're unemployed through no fault of your own in a timely fashion. That way, when the EDD finally says your claim is good to go, you can also expect backpay for those weeks you had to certify and keep waiting for benefits, minus of course, any unpaid waiting week some state require all claimants to serve before benefits begin.

Chris

Jun 22, 2019
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Unemployment Benefit Overpayment Disqualification
by: Anonymous

I recently received notice of determination and I was denied of benefits for being sick for 2 weeks but I was overpaid for the first week I was sick. and on the letter it states "You are not eligible to receive benefits under California unemployment insurance code section 1257A beginning 06/16/19 until you have filed claim for each of 06 weeks in which you are otherwise eligible for benefits" I'm not sure if im understanding it correctly. I received continued claim form in the mail, do I still have to submit every week? will I get paid? what happens after 6 weeks? do I have to file a claim after 6 weeks or denied from benefits overall? Thank you



Hi,

I should ask a question .. because you're going to have to consider the answer .. or at least how to answer the question.. should you appeal this determination.

When you filled out the continuing claim form for the two weeks you were sick, did you claim you were able and available during the week you were "overpaid"?

Other than codes involving a VQ, I usually have to read the code, or some official info. And all because I don't know how to answer any question, without first identifying the issue affecting benefits.

Here is some eye opening .. info regarding your issue under 1257A.

To identify the issue, is the first step for anyone needing to know how or if, one can resolve the issue favorably an appeal of an erroneous determination, or when to live with the consequence of losing six week of benefits for a fraud disqualification after intentionally causing an overpayment of benefits.

If you're going to serve out those weeks of benefits you must keep filing because that's also how the state knows when you've served your sentence and to remove six weeks of benefits from your claim's balance of benefits.

One of the first things I read under MI45 in the California UIBDG. is

"Unemployment Insurance Code Section 1257(a) provides an individual is disqualified for unemployment benefits if:

He or she wilfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division."

It packs a punch for me, at least when it comes to how I need to answer your question.

When someone receives a claim determination denying benefits, after the initial one is received, that approved benefits based on the cause for separation, the issue for another denial, is often when a claimant doesn't, or at least doesn't appear to be meeting any of the conditional eligibility issues that otherwise affects one's basic ability .. to continue collecting without any interruption .. until a new job is found.

To recap.

The six week disqualification prohibits you from collecting benefits for six weeks.

A DQ in this case, is a punishment sentence of sorts which one must serve that time, in addition to the removal of six times a weekly benefit amount from the balance of benefits you have remaining.

Definitely do not stop filing continuing claims, as that's how the state counts the weeks you've served, in addition to your claim balance being reduced.

You can definitely appeal this determination stating you are being denied for intentional unemployment fraud, because sometimes the state is wrong to claim intentional fraud over one mistake, in one week.

And when you can disprove the lack of an intentional willingness, you have effectively converted a finding of unemployment fraud, to a non-fraud finding.


At the very least, I think it's good for anyone to know the differences between a non-fraud overpayment finding, and an intentional unemployment fraud finding.

Clearly non-fraud overpayment are subject to less severe recovery provisions
when it comes to what a state is allowed to do to recoup overpayments.

And some states .. even have overpayment waviers you may need to check into when caused by a non-fraud situation.


Jun 07, 2019
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Entitled benefits from one employer disqualified from the other help !!!
by: Anonymous

I was mailed that I was entitled to benefits from one employer but disqualified from the other What does that mean ? Will I only get benefits from one employer or what ?



Depends on what state the claim is in, and if the separation causing you to be disqualified from benefits was the last, most recent employer, or the employer you were separated from before, but that employer is still an employer who contributed unemployment taxes during your claim's base period.

The way most states (if not all) work DQ's .. is if you're found eligible based on the cause for separation from the last, most recent employer, you can still be disqualified from receiving benefits due to the cause for separation from your former employer.

This is because disqualifications are basically terms and conditions which include earning requirements based on the last, most recent employer. Earnings in new employment are what purge disqualifications of former employment.

For instance: You have been disqualified from benefits because you voluntarily quit your job with employer x without good cause. You are disqualified from benefits until you return to work and earn X times your weekly benefit amount.

At which point, if you were to meet the earning requirement, but again suffer a new separation from a job and the facts find you eligible .. Requalifying may be a breeze.

Disqualifications vary widely from state to state. (look for the link to the USDOL chartbooks and it's the non-monetary eligibility charts that detail disqualifications .. state by state and issue)

Sep 07, 2018
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False statement penalty week
by: Moses

I opened a claim in California, from 9/24/2017 - 9/22/2018. I began collecting benefits right around October 2017. I found a job in January 8,2018 and was fired on July 25,2018.

I collected 3 weeks of benefits while working. I got a notice to repay back over payment for those 3 weeks I was not suppose to certify while working. I have been paying back at $75 a month since March 2018.

My concern is I recently called to re open my claim and I did get to reopen my claim. I certified for prior 4 weeks (July 29, 2018- August 26, 2018) this Tuesday September 4, 2018 through EDD website.

Today I saw those 4 weeks have a "false statement penalty week" on status of payment column. My question is, how long will I be penalized and do those four weeks payments go towards my overpayment balance? Will I qualify to extend my unemployment benefits claim after the date is it set to expire?


Hi,

Here's the information provided by the EDD about false statements and disqualifications.

Miscellaneous Section MI45.

Yet I'm going to try to explain the issue of unemployment fraud overpayments differently because I
just don't get where the logic in play here, is coming from.

Basically California determines all overpayment to be caused by fraud, or non-fraud reasons.

Overpayments are therefore, subject to individual state's recovery provisions that explain the consequences for either a fraud, or non-fraud cause for the overpayment. (I have a link to the USDOL's Overpayment chartbook, on the resource page here.)

To put it simply, I think you should count yourself lucky, even if the number of weeks you are currently having to serve, can't possibly be transferred, to be the means that helps you knock down the amount of money you still owe back to the state, for attempting to collect benefits outside the rules found in the California Unemployment Claimant Handbook.

There's a whole section on "Understanding the Questions Asked When Certifying for Continued Benefits". It's good information, but nonetheless, a claimant's responsibility to not just follow the rules, but to use the reasoning of a person often mentioned in unemployment hearing decisions .. "the reasonable person".



Jun 05, 2018
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Response to Disqualification for the week
by: Chris - Unemployment-Tips.com

If you received a determination saying you were disqualified for the week ending 5-19 it should also tell you why (the issue) you were disqualified.

Generally speaking, when someone tells me they've been disqualified for only one week, the whys that come to my mind ...

1. They may of filed the continuing claim late, for that specified week indicated by the determination.

2. Or, when they filled out the continuing claim form, online, or a paper form, they checked the box indicating they were not able and available to work, or accept a job offer that week.

3. Or, it could be to inform you about the unpaid waiting week, if your state UI law insists on that.



The thing about all claim DETERMINATIONS, whether an initial monetary, or non-monetary separation determination, or those that may come later while someone is collecting benefits, is they aren't always correct and a state agency can't simply send a determ. to disqualify a person and not tell them the reason why they are being disqualified for one, or more weeks they may otherwise be entitled to.

A determination that comes after the initial claim determinations, can also raise an actual conditional eligibility issue so a claimant, (or a liable for the benefits being paid ..company) knows when they should be feeling quasi-legally aggrieved to appeal a determination.. before finally getting the opportunity to argue the agency's interpretation of a specific issue(s) was erroneous, at lower level tribunal unemployment hearings ..

And yes, an appeal is needed, even if the argument is to get one week of benefits they were entitled to .. but denied for a reason that doesn't fit the facts of the situation.

Like maybe ... a state that still sends out continuing paper claim forms .. which I've been told by some, arrive late, often enough to be aggravating.

Jun 05, 2018
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Disqualification for the week
by: Anonymous

I was let go do to lack of work. Now I received the paperwork on the 20th of May, sent it out then received a paper stating from 5-12 to 5-19 not eligible for payment so it says disqualified. Does that mean I’m completely disqualified from payments or just those weeks.

Feb 24, 2018
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For Alexander .. about getting paid benefits this week.
by: Chris - Unemployment-Tips.com

If I'm assuming your situation correctly, my guess, to whether you will be paid any benefits this week, is no. You're denied benefits based upon this separation from work, unless the appeal hearing results with a reversal of the initial non-monetary claim determination .. which you appealed. You were the moving party and you have the burden of proof.

If you see the word appeal, next to only one week in your online UI account, I'd have to assume it's there because it signifies the state received your appeal that week.

I think "Pending" means, "pending the outcome of the unemployment hearing". Your appeal is a request for a hearing, so you can explain why the initial determination was wrong to deny benefits, to the tribunal administrative law judge (ALJ).

The reason it's important to file for benefits while you are still denied the right to collect, is because if you were to win the hearing, you can only be paid benefit backpay, for the weeks you filed a continuing claim for benefits, whether initially approved, or denied benefits.

As far as your employer not mentioning to the EDD their plan was to fire you .. it's because it sounds to me like you did quit in anticipation of being fired.

Since you voluntarily quit Alexander, the distinction you need to make now, is the same as what the employer likely understands about your particular reason for quitting.

Before you attend the appeal hearing understand the difference between quitting in anticipation of being discharged and quitting in lieu ob being discharged.

It's explained by the EDD when you click the link above.

Feb 24, 2018
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Appeal Process
by: Alexander

So I quit my job on 1-19-18 due to my employer told me I was going to be fired once they hear from corporate for missing four different days of work. I was then denied benefits because the employer stated I just quit and didn't state that they told me I was going to be fired pending the word from corporate. I appealed the decision and now my claims say appeal. Today I get an email saying I have weeks to certify for but it was only for one week. I submitted it and instead of it jumping to disqualified it says pending and the others say appeal. So does this mean I will get paid this week I just certified for? I am in Sacramento, CA.

Dec 10, 2017
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For: Disqualification online but no denial letter.
by: Chris-Unemployment-Tips.com

Given you are seeing you've been disqualified for weeks online, I would say it's safe for you to assume there is an initial non-monetary determination floating around somewhere that you haven't received yet .. but need, if you want to appeal.

Is there a way for you to file your appeal to this disqualification online in California, when you see there is a disqualification? Maybe a link to follow, or something like that?

The problem with not receiving and subsequently not being able to appeal any determination, is all appeal rights, explained on a determination, also tell you when your rights expire.

If you appeal late, your appeal letter should also address the issue of a timely appeal with the reason it's late .. and hopefully that reason will also make the point of why filing late is with good cause, to more easily enable the state to find good cause for the late appeal, which would likely be added to a hearing notice, along with the issues asking is the claimant quit with good cause, or was fired for misconduct, or something else.

One needs this determination to appeal, whether sent by mail, or only through an online unemployment account, but if one can't find any determination anywhere, it's important you contact the state in a timely fashion, or as soon as you suspect you might be missing something important like the initial denial, to get just your right to appeal back on track .. if you want to change the outcome to benefits being approved by a hearing ALJ, (administrative law judge).

Dec 10, 2017
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Disqaulification online but no denial letter...
by: Anonymous

I was recently fired from my job for missing 2 days even though I had a doctors note to account for it
.. I applied for UI benefits the same day and have had my phone interview 10 days ago but nothing since... I have filed for 4 weeks total but both times it said disqualification for weeks ending in so and so date. Does this mean I was denied and have not received the letter yet or could it be that they have not made a decision? I'm in CA by the way. Thank you.

Oct 24, 2017
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WHAT IS DISQUALIFICATION
by: Anonymous

I HAVE MADE A CLAIM TO UNEMPLOYMENT DO TO HEALTH ISSUES AND NOT BEING ABLE TO PERFORM MY USUAL JOB DUTIES THEY SENT ME AN AWARD LETTER STATING WHAT THE BENEFITS WOULD BE AS WELL AS SENDING THE CONTINUED CLAIM FORM THIS WILL BE MY SECOND IME FILLING OUT AND THEY RETURN IT WITH ANOTHER CONTINUED CLAIM FORM HOWEVER IT STATES NO BENEFITS ARE PAYABLE BECAUSE THE WEEK ENDING 00-00-0000 HAS BEEN APPLIED TO YOUR DISQUALIFICATION SO IM NOT UNDERSTANDING WHY AM I DISQUALIFIED FOR THESE WEEKS AND HOW DO I CORRECT THIS ISSUE NOW THEY SENT ME ANOTHER CONTINUED CLAIM FOR THE MONTH OF OCTOBER. HOW DO I FIND OUT WHAT TO DO


What state is your claim in? Sounds to me like it might be California, but this isn't the sort of thing to assume, since if I were to answer, I'd probably go to your official unemployment website and find some contact info, so you can ask for what reason you were disqualified.

Chris

Apr 19, 2017
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15 Week Disqualification for a False Statement
by: Chris - Unemployment-Tips.com

I have a few questions regarding your 15 week disqualification for making a false statement to obtain "regular" unemployment benefits.

What state should we be talking about specifically?

Disability unemployment insurance benefits, would be restricted to one of six states.

And .. what do you mean by a pfl claim?

Apr 19, 2017
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15 Week Disqualification for Fraud
by: Anonymous

Hi

I was penalized 15 weeks for making a false statement for UI.

My question is will the remaining disqualification weeks be assessed to a state disability insurance claim or pfl claim?

Nov 13, 2013
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Disqualification
by: Anonymous

Hi,

Some background information. This is my second time applying for unemployment. I've had an overpayment of benefits about a year ago as well.

I got fired on 10/14 (not for misconduct).I had my phone interview on Nov 1.
I sent my claim for the week ending in 10/19 as well as 10/26. Today in the mail, I got a letter stating the following:

No benefits are payable because the week ending 10/19 has been applied to your disqualification.

No benefits are payable because the week ending in 10/26 has been applied to your disqualification.

I've recently mailed the last claim form yesterday.

I want to know, what exactly does this mean? Does this mean I'm not eligible for unemployment? Does this mean I don't get money for those two weeks since it's going to my overpayment? Does this mean I need to file an appeal. The letter literally said just that and nothing else.

Thanks :)


I really can't elaborate an answer because I don't know what the overpayment disqualification was, nor what type it was (fraud, or non-fraud), or even if this question is in reference to CA unemployment .. but the chartbook should help you to understand the situation for yourself.

Chris

Nov 06, 2012
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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

Nov 01, 2011
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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

Feb 16, 2011
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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".

Dec 31, 2010
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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.

Dec 06, 2010
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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.)

Nov 23, 2010
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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.

Oct 19, 2010
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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.

Feb 05, 2010
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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.

Jan 19, 2010
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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.



Nov 21, 2009
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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?



Oct 28, 2009
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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.

Jul 09, 2009
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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

Jul 09, 2009
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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 08, 2009
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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 08, 2009
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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:)


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