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  1. #1
    Join Date
    Jun 2010
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    Default Employer Contesting Benefits 1.5 Years Later

    My question involves unemployment benefits for the state of: California

    In December of 08 I was terminated from my job for misconduct. I was given a severance package and never signed anything about said misconduct. I signed up for unemployment and received it with no problem. I collected for a few months until I was employed again. Unfortunately, after 9 months I was laid off for lack of work at my new company in another state. I was told I had to exhaust my California unemployment benefits before I could collect from the state my last employer was in. I exhausted the California account, and started on with my new state.

    Everything was fine and well, until I just received a letter from California EDD requesting separation information. The company is now stating the misconduct. The letter says that by law they need to determine whether or not to charge this company's insurance account for my unemployment benefits. It has been over 6 months since I have collected from them and 1.5 years since the initial claim was filed. If they had a problem with my unemployment in the first place, why did they let me collect and let it go on so long?

    I'm feeling that the appeal is on it's way, and this is why I'm worried. I don't know how to fill out the paperwork, or if I have any rights at all. I'm assuming there is no statue of limitations on how long this company has to contest my benefits? I realize I probably shouldn't have gotten the benefits in the first place, it's not something I'm proud of.

    Any help is greatly appreciated.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Charging the employer's reserve account doesn't mean your previously paid benefits are in jeopardy. Two different things. They're WAY past the time they could protest your benefits and appeal the initial determination regarding you receiving benefits.

  3. #3
    Join Date
    Jun 2010
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    3

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Thanks for your response, PattyPA.

    I hope I don't sound stupid, but what do they mean by charging their account then?

    I also am worried that the state could could get me on the whole lay-off vs discharge on my application. I said I was laid off. Now on this letter, I don't know what to write.

    Is there a statue of limitations on how long they can contest? Has it been too long? I just don't have $12,000 lying around to pay back to the state. I still haven't even been able to get a job in my new state.

    I'm sorry for so many questions, this has honestly caused me so much anxiety I haven't slept in a week. Thanks again for your help.

  4. #4
    Join Date
    Dec 2007
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    Default Re: Employer Contesting Benefits 1.5 Years Later

    It's been WAY too long for them to protest your benefits.

    Employers have what is called a "reserve ratio", which is the ratio of the taxes they have paid in, compared to benefits paid out. This ratio determines the tax rate the employer will pay in the subsequent year.

    They can request a "relief of charges", which means the benefits you have received will not be used in the above calculation, and that's ALL that a "relief of charges" means.

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Quote Quoting aiden23
    View Post
    I also am worried that the state could could get me on the whole lay-off vs discharge on my application. I said I was laid off. Now on this letter, I don't know what to write.
    Lay off vs discharged for cause is often a state of mind. Lay off generally means there is a reduction in force. There is no legal definition on how a company is to select those who are to be terminated as part of the reduction in force. Performance issues may be a factor. So, if the company didn't raise the misconduct issue when you indicated layoff to EDD back then, they missed their chance. Their not challenging your statement of being laid off implies that it may have actually been a layoff with the misconduct being a secondary issue. There is nothing wrong with reading a gray area to your benefit. You should fill the forms out now the same as you did then.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,215

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Trying to find an easy way of explaining it:

    Briefly, and you may know this already but bear with me, in 47 states, including yours, unemployment benefits are funded entirely by a tax paid by employers. The amount they pay is based on (their rate) times (payroll). (Their rate) is determined, in part, by the number of successful claims their employees or former employees have submitted. The more claims that are paid, the higher the employer's rate is.

    The question here appears to be not whether or not you should be (or should have been) receiving/received benefits. The question appears to be whether, in calculating the employer's rate for the next year, your claim should be included in the calculations.

  7. #7
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Employer Contesting Benefits 1.5 Years Later

    I talked to my lawyer, who is from my current state and not involved in employment law. He said I should not lie on this form. Would I get into more trouble if I just put I was laid off and paid severance? I mean I did get fired for misconduct and do not want to get into any more trouble. The whole firing thing was very vague when it happened. I'm just really concerned about how I word everything. There are also the following questions: why were you discharged, were you told your actions would cause you to be discharged, etc. How do I answer this questions? I don't want to get myself into more trouble!!

    I appreciate your help SO MUCH.

    Also, on the form it states "company x says the reason for your discharge is (said gross misconduct). Which is why I'm so scared.

  8. #8
    Join Date
    Jan 2010
    Posts
    12

    Default Re: Employer Contesting Benefits 1.5 Years Later

    adien23

    what is happening is that the adjucator is investigating all the employers that paid into your new unemployment claim. since the "misconduct" employer is during the last 6 quarters then CA must invistigate on there own that employer as well as your new employer. if anything you may experiance a reduction in the amount that employer must contrubite to your over all total amount. it sould not affect how soon you recieve benifits.

  9. #9
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Quote Quoting icedragon101
    View Post
    adien23

    if anything you may experiance a reduction in the amount that employer must contrubite to your over all total amount. it sould not affect how soon you recieve benifits.
    That statement makes no sense.

  10. #10
    Join Date
    Jan 2010
    Posts
    12

    Default Re: Employer Contesting Benefits 1.5 Years Later

    Quote Quoting PattyPA
    View Post
    That statement makes no sense.
    have you ever worked in UI.

    if you have multipul employer then they are all contrubite to your UI benifits. the amount that each employers pay is determined by what state they are taxed in and how much the employee works. reduction can be made to the amount an empolyer has to pay if the employee is quilty of "misconduct" in this case the Claimant has 2 employers lets look. say for example....

    1.Employer 1 is lible for $5000 in ui benifts, but the claiminat is fired for mis conduct. the adjuator asses a reduction of 2000 dollars, the employer is only lible for $3000 dollars now. now combine that with the 2nd employer who is also liable for $5000 dollars and there is no mis conduct.

    the combined amount is $8000 when it would have been $10000 if no misconduct was assessed.

    As far as the time period goes. the last employer worked for determinse any time penalty and delay in benifets, because in this case any time penalty assesed against the first employer would have passed. if there is no time peanilty the benifits will start at the end of the adjucation process and be paid out with the reduced benifits and no time delay.


    Dose that make sense now???

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