My question involves unemployment benefits for the state of: CA
I received this letter from EDD after my telephone interview. My question is, after the 5 weeks, will I start receiving benefits again?
You are not eligible to receive benefits unter CA unemployment insurance code section 1279 beginning 08/29/10 and ending 09/04/10 (01 weeks).
You earned $365.50 from XXX for the week(s) ending 09/04/10. Therefore, you are not entitled to full weekly benefits. Section 1279 provides - The first $25 or 25% (whichever is greater) of your total earnings for the week in which you worked is not counted in determining your benefit entitlement for that week. The amount remaining is deductible from your weekly benefit amount.
You are not eligible to receive benefits under CA unemployment insurance code section 1257A beginning 11/07/10 until you have filed a claim for each of 05 weeks in which you are otherwise eligible for benefits.
You gave the department incorrect information, or withheld information, concerning the reason you are no longer working on your job with XXX. After considering available information the department finds that you do not meet the legal requirements for payment of benefits. Section 1257A provides - an individual is disqualified if he willfully makes a false statement or withholds relevant information to obtain benefits. Section 1260C provides - an individual disqualified under section 1257A is ineligible for benefits from 2 to 10 weeks for which He/She must submit a continued claim form to the field office to cover each week and meet all eligibility requirements. No benefits are payable for three years fro the original effictive date of this disqualification unless it is satisfied at an earlierdate and you are otherwise eligible. The repayment of any overpayment does not remove the disqualification.
So after I have sent in 5 weeks of continued claims, should I start receiving benefits again?
Also, after the 5 weeks of disqualification, will the disqualification be satisfied and the 3 year thing will go away?
I had to quit the job at XXX because they used hazardous chemicals that were affecting my breathing and was burning my throat. I talked to other workers and they had the same problems. I also sent a complaint form with all the information to OSHA. I told the lady during the interview all these reasons for having to quit. When I worked that week I said that I was paid $335.00 instead of $365.50, because at that time all I had received was the check for that amount and didn't have the actual gross pay at the time the claim form was due.
Thank you for your input.