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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Unemployment Insurance Eligibility

    My question involves unemployment benefits for the state of: CA

    Hello, Thanks for the great site and offering to respond to emails if time permits! I was fired for being late to work too many times and have a few questions. I have already reviewed your comments on your website about UI eligibility and "gross misconduct". There is a lot of conflicting info out there on the internet about UI eligibility when fired for being late to work. However after reviewing EDD's site I stongly suspect that I do not! I have a few question and I am afraid this post is a little long winded, sorry.

    I was late to work off and on for an extended period of time due to very difficult personal and family issue going on. I informed my employer of the fact that my father had passed way recently and my little sister was having a very difficulty time coping with the loss. She went through a pretty sever episode of manic depression and illegal drug use afterwards. I unfortunately had to step up and try to help her with these issues and the destructive behavior. This resulted in me being late to work many times and sometimes I would be late without calling ahead and letting them know. I was put through a probationary period of a couple of months which I successfully completed without being late. Unfortunately a few week later I was late again and my employer fired me. During the exit interview with HR I asked if I would be eligible for UI and the HR lady said "yes just fill the form out and say you were laid off." Well when it came time to do that after much agony I decided I couldn't lie. Instead I put discharged/fired and included the reason "being late to many times." Now I am scheduled for a telephone interview EDD and have a feeling they are going to deny me.

    My Questions are:
    1) Do you think it's in my interest or even possible to cancel my UI claim and change my answer to the question of why your unemployed from fired to laid-off? Would it be better to call them or explain in the interview about what HR told me about how to answer as laid-off? Does it even matter what HR said?

    2) According to EDD's website tardiness is not valid would be determined ineligible with a few expeditions.
    "It results in a substantial breach and disregard of the duty owed to the employer and shows a wilful or wanton disregard of and injures or tends to injure the employer's interests" http://www.edd.ca.gov/UIBDG/Miscondu....htm#Tardiness[/SIZE]
    I have a hard time believing I severely injured my employers interests when I always made up the time I missed and the work culture was such that many other people would make up their own schedules (come late or leave early etc.) depending on what their work load was like. Do you think this argument carries any water in the eyes of EDD?


    3) Do you think I have a strong case to qualify for UI citing EDD's Compelling Reason subsection from the link above?

    4) Do you have and suggestions on how to better argue my case in the telephone interview or later if I appeal?

    Thank you for your time!!

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

    Default Re: Unemployment Insurance Eligibility

    None of the responders here are going to respond to emails.

    1. If you "cancel" the claim, you won't get benefits for sure.

    2. Perhaps. But no matter what the company culture or what other employees are allowed to do, being late without even calling is misconduct, pure and simple. "Making their own schedules" due to work load is one thing. Not calling in is something altogether different. A "compelling reason" would have to be serious, such as being in the hospital unconscious.

    3. Not particularly, no, but what I think and $2 will get you a large coffee at 7-11. Especially since you had already been counseled previously about your attendance problems.

    4. Personally, I think you have an uphill battle ahead of you and I am not optimistic regarding your chances, so I really have no advice for you about how to formulate your appeal. Maybe another responder will.

    I am not unsympathetic to your personal situation, honestly. But I think you should prepare yourself for losing the appeal.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unemployment Insurance Eligibility

    The other thing I will point out is that the state is broke and the more claims they can deny, the better.

    I'm not unsympathetic either; just realistic.

  4. #4
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Unemployment Insurance Eligibility

    Thanks for the input, I really appreciate it! You have echoed pretty well what I suspected. I have my telephone interview with EDD next Monday and I just wanted to be as prepared as possible for that and maybe an appeal later. If anyone else has some additional advice etc it would certainly be welcome.

    PattyPA, When I stated I was thinking of canceling my UI claim what I meant was canceling and resubmitting it with a change to how I answered their question for why you are no longer employed from fired to laid-off. I am struggling with the ethics of this but because of what HR told me I do think this action is not entirely dishonest. However practically speaking I'm doubtful that would be accepted by EDD after already answer the question as fired for being late.

    Thanks
    Milo

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment Insurance Eligibility

    Agree. The state will definitely notice if you file a new claim with a different reason for separation.

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