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  1. #1

    Default Appeal Hearing for Benefits

    My question involves unemployment benefits for the state of: CA

    At the time I filled out my EDD application I took my check stub because I wanted to make sure that I had all the appropriate numbers to enter for the application and that was all I took with me.

    When I was laid off, I was given and signed a Pay in Lieu letter from the employer but unfortunately when I filled out my EDD application I only had my check stub with me so I failed to mark down that I had received Pay in Lieu because to be perfectly honest, I literally just signed the paper and left work. Therefore when it was time to fill out all the appropriate wages in the application I filled out my holiday and severance but I noticed that there was no place for me to mark my earnings for the rest of the month, as my employer had given me, my "pay in lieu". I knew that I was going to be getting a "special telephone interview" because I knew it would look odd on my application that I was receiving severance in Jan. when I marked that my last actual day of work was on Dec. 3rd. Therefore I knew I would be getting the interview and it was at this time where I would tell them I received X amount of dollars for the rest of the month.

    Well I got my phone call and during this call was when I told the representative that I had been laid off in Dec. but was technically not officially unemployed until Jan. She then informed me that the amount of money I had received was considered Pay in Lieu. Therefore I told her how much I received and I thought she had changed my application and everything was completely set. I started getting my checks and then I received a letter about an appeal for EDD eligibility because I failed to mention that I did not add in my Pay in Lieu which was a complete shock to me because this entire time I thought the whole matter had be taken care of.

    I am being completely honest when I say that at the time I filled out my EDD application I had no idea what Pay in Lieu meant and EDD does not have a Help link which explains it and as I mentioned before I didn't know what it meant until the telephone rep. explained it to me.

    My hearing is on Wednesday and I am terrified because I may lose my benefits due to not knowing the definition of a word.

    What's worse is that my old employer has a copy of the Pay in Lieu notice that I signed, therefore I fear the Judge will not bother to consider my mistake because I signed the paper. I never denied that I received that money but unfortunately for me I have no proof that I told the representative about it.

    My question really is, what is the likelihood that it will end in my favor, because I really need this money and I could just kick myself for not having that paper with me when I applied for the application and I know it does not help that CA is in trouble financially and would probably be quite please take me for a liar.

    Thank you for your time.

  2. #2
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Appeal Hearing for Benefits

    It appears you just made an honest mistake, EDD should just correct this. Is your last employer doing anything to prevent you from getting unemployment? Are they disputing anything?

  3. #3
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Appeal Hearing for Benefits

    This should help answer your questions:

    http://www.las-elc.org/UnempInsuranc...agesEarned.pdf

    "Similarly, you do not have to report severance pay in most cases because you did not earn the wages during the same weeks that you were collecting unemployment benefits. However, the EDD may view a severance payment as in-lieu-of-notice pay or wage continuation pay. If your wages continue after a layoff because the federal Worker Adjustment Renotification and Training (WARN) Act requires your employer to make these payments, you do not have to report this income. If the WARN Act does not apply, you do have to report in-lieu-of notice pay or wage continuation pay. A payment looks more like severance when paid in a lump sum at the time of termination and when provided to you for reasons other than a failure to give you advance warning that your job would be ending. In contrast, if you are receiving in-lieu-of-notice pay, you may be kept on the employer’s payroll after your job ends, receiving paychecks on the employer’s normal paydays, and the employer intends these payments to compensate you for not giving you advance notice of your layoff or discharge. Because this distinction can be difficult to figure out, you should consult an attorney or the Workers’ Rights Clinic on your particular situation (see the contact information on the last page of this Fact Sheet).
    b.

  4. #4

    Default Re: Appeal Hearing for Benefits

    At this point, their dispute is that I signed the Pay in Lieu form, therefore I should not have been given unemployment for the month of December. It is my understanding that they do not have any further disputes against me.

    I am more than willing to repay the money that was sent to me in December, I just really hope that I will continue to get benefits after this ill-fated mistake on my part. The unfortunate part is, if I had gone with my instinct to file in Jan when I was officially no longer an employee, this could have all been avoided but on the advice of multiple friends who had gone through the EDD process, I did it and now I'm in this awful predicament. I hope I can catch a break.

    Thank you for your help, John.

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