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  1. #1
    Join Date
    May 2008
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    Default EDD May Or May Not Cut Off Benefits Because Of One Question?

    My question involves unemployment benefits for the state of: California.

    My husband was laid off and therefore eligible for benefits - that's not the issue...he is looking for work in a different field and will be training in that field starting in June (or at least had PLANNED to do so...). His last job (for over 7 years) was in the mailroom at a large company - the mailroom was outsourced. Hubby was given two options - to become employed with the outsourcing company (for significantly less per hour) or package out. He chose the package as he was/is planning on transitioning to driving trucks etc. Anyway, one of the temp-to-hire companies he signed on with (and btw he has been looking for work all this time!) offered him a position with a company in a mailroom position. He had already advised the temp-to-hire placement co that he was interested only in driving jobs, anyway he turned down the position (which was also for a lot less $$ per hour than he was making at his old job - not that he was making a fortune or anything...).

    The big mistake he made was that week, when he filled out his claim form, he answered "yes" to the question "Did you refuse work this week?" well ever since then it's been a total disaster. He only got 1/2 his check and today he had a 'phone interview' with someone at EDD who would not let him explain what happened etc (I was at work so did not actually hear the call...this is what he is telling me). They said they would let him know within 10 days blah blah blah...whether he is still going to rec benefits. The problem is that since he doesn't know if he's receiving benefits he cannot start his training - he was also due to start training on MS Word/Excel/etc through the EDD training department but when he saw them a week or so ago they said he couldn't start training if he wasn't getting benefits etc.

    So my question is- just because he responded that ONE TIME with a Yes instead of a no (brutally honest) is that going to be enough to kill his benefits?? Again, it's not the $$$ of the benefits (although that is important too!) as much as the opportunity to train in a new field/acquire new skills. If they DO cut off his bennies because of that ONE QUESTION on ONE CLAIM FORM (he has only been receiving bennies since mid-April) is there anything we can legally do to appeal/reverse the decision? All advice will definitely be appreciated! Thanks so much...hubby is so stressed out right now...

  2. #2
    panther10758 Guest

    Default Re: EDD May Or May Not Cut Off Benefits Because Of One Question?

    Refusing work is grounds for denial of benefits. Before you say it no he shouldnt have lied

  3. #3
    Join Date
    May 2008
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    2

    Default Re: EDD May Or May Not Cut Off Benefits Because Of One Question?

    Quote Quoting panther10758
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    Refusing work is grounds for denial of benefits. Before you say it no he shouldnt have lied
    Perhaps I worded my first post incorrectly. My husband doesn't lie on documents, and he didn't lie this time - I just think he misunderstood what the question meant as far as 'refusing work'. To me that means, you fill out an app or send a resume in, have an interview and the company offers you a job based on the interview.

    My take on it was that he didn't even INTERVIEW with the company in question. The way this temp-to-hire agency works is that they set up interviews between their clients and the hiring company. Hubby specifically told the employment agency his requirements - what kind of job he was looking for (truck driver/warehouse) and how much per hour he needed minimum - no less than $15 an hour which is still $3 less per hour than he was making at his old job (and even then just barely meeting his bills). Hubby has a hernia that keeps him from lifting more than 20-30 lbs which is why he is not looking for mailroom work...when the agency called him with the job requirements and pay range he told them that was not acceptable, which it wasn't. He was waiting to train so

    thanks for your response though - I appreciate it. Right now we will just wait for EDD's response and go from there. Is there an appeals process? I checked the EDD site but it's rather convoluted - the only thing i could find about appeals had to do with setting up the initial claim and contesting what former employers said etc.

  4. #4
    Join Date
    Jan 2008
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    1,948

    Default Re: EDD May Or May Not Cut Off Benefits Because Of One Question?

    After the telephone interview he will get a letter either validating or denying his continued benefits. That letter will also have the appeals process spelled out.

  5. #5
    panther10758 Guest

    Default Re: EDD May Or May Not Cut Off Benefits Because Of One Question?

    Simply put if your offered work and you refuse. Regardless of the type of work its grounds to deny benefits

  6. #6
    Join Date
    Sep 2005
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    Default Re: EDD May Or May Not Cut Off Benefits Because Of One Question?

    Quote Quoting currrlyohhh
    View Post
    Hubby specifically told the employment agency his requirements - what kind of job he was looking for (truck driver/warehouse) and how much per hour he needed minimum - no less than $15 an hour which is still $3 less per hour than he was making at his old job (and even then just barely meeting his bills).
    As far as the state is concerned, a job is a job.
    Quote Quoting currrlyohhh
    Hubby has a hernia that keeps him from lifting more than 20-30 lbs which is why he is not looking for mailroom work...
    But he was doing mail room work before he packaged out? Is this a personal preference, or a medically prescribed work limitation?

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