I have been on unemployment for a year and 9 months. i now have to do a telephone interview...?

Question

I have been on unemployment for a year and nine months exactly..i am on to my fed ed extension.in california. i told unemployment I was laid off.. when i first filed. They never sent me any info. to do a phone interview, or any issues with the claim, a month later i started receiving my checks. Have been since. They are now asking for me to do an eligibility interview over the phone. questions state why i left my last job, was i warned my actions could result in being fired, when was i warned, they then go on to ask: the information i provided about my last job, what information may have been incorrect, or inadequate, and why did I give that information. Now mind you I have been on unemployment for a year and 9 months almost 2 years. is it possible for my job to now being trying to fight my unemployment? r they allowed to, and would I have to pay the money back? because its clear EDD or my last employer are the ones who didnt do a proper job or investigation into my claim, because a year and nine months to now catch a mistake if there is 1, and do a phone interview is a long time and isnt my fault. or Do you think EDD is just doing a routine telephone interview?

Answer 1

Your former company obviously is contesting the Unemployment claim. Unless you were laid off, you do not qualify for unemployment.



The EDD usually follows through on all UI claims, so they must have contacted your company, who has stated that you were NOT laid off. If you have proof that you were laid off, now is the time to make sure you have all your paperwork ready and available.



This call is a sign that the EDD has investigated your claim and have concluded that it is not valid.



The length of time, 1 year and 9 months, is well within the 3 year Statute of Limitations that the law specifies, so you have no excuse there.



I strongly suggest you do not try to lie or give false information during the call - this can lead to criminal charges and severe penalties. You will likely have to pay back what you received, and you may have to pay a penalty; again, I suggest you do not contest this if that is what they decide.

Answer 2

It's not necessarily true that you can only be laid off to qualify for unemployment. One qualifies for unemployment if they are unemployed through no fault of their own. If you were terminated because of poor performance (not meeting goals, etc.) you can also be eligible for unemployment. It all depends on the reason you put down and whether the employer wishes to appeal. I do hope that you were being honest when you said you were laid off.



An employer in CA only has 20 days to appeal an unemployment claim, so it is unlikely that they are trying to fight your unemployment now.



However, you have to remain eligible to continue to receive unemployment benefits. In the state of CA, "A person must be physically able to work, available for work and actively looking for work each week benefits are claimed. An individual must complete a claim form every two weeks, sign and date the form and return it to the Department for payment. If the information on the form shows that the individual did not meet eligibility requirements, the Department will schedule a telephone interview. Based on the information obtained, benefits may be reduced or denied. An individual who disagrees with our decision to reduce or deny benefits may file an appeal."

Answer 3

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