Legal Question in Employment Law in California

I walked into a meeting with my boss and was told the following: "You had a review. Nothing has changed. Today is your last day. You will be able to collect unemployment." I was shocked. My review had been okay, in fact my boss had said, "These are not bad scores." She was a new boss, and people told me the reason she fired me was that she wanted to hire someone new. When I filed my unemployment claim I said I was laid off. Huge mistake. I explained in my phone interview that I was confused by what had happened, and asked what the difference between being laid off and being terminated is. He would not answer. Just got the Notice of Determination that I was denied based on giving the department incorrect information, or making false statements, etc. I need advice about what to say in my appeal.

I already requested copies of my last two performance reviews from my employer, and copy of my EDD file so I know what the interviewer said in his report.

I just want to be sure I make the best case. I really was counting on these benefits to get me through this difficult time.

Thank you.

I need advice about how to appeal. I


Asked on 4/01/13, 10:30 am

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

If you gave inconsistent info as compared as to what your former employer provided to the EDD - that probably caused the denial of benefits. If you, like many, really didn't know the difference between a "lay off" and being fired - explain that to the EDD. It is irrelevant to tell the EDD that you were a good employee, etc. They only care about if you were laid off (not enough work) or fired and if fired, the reason. IF you were fired for "misconduct" - the EDD will deny benefits.

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Answered on 4/01/13, 10:45 am


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