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  1. #1
    Join Date
    Sep 2009

    Default If an Employer States They Will Not Contest UI Benefits, Will I Receive Benefits

    My question involves unemployment benefits for the state of: California

    I am getting mixed information. One attorney told me that the employer can say they will not contest the UI Benefits but it is not the employers' choice but the decision of EDD. I called EDD today and they said if the employer says they do not contest the benefits, I automatically get it.
    My employer that terminated me was not apposed to me getting UI benefits, she said she will agree not to appeal "but that does not mean you will get it". We did not discuss saying she would not contest it. She gave the impression she had no control. I do feel she wanted to be fair.
    I need any help or suggestion. Today I learned I was disqualified. I plan to file an appeal but i am loosing my apartment if i dont get income soon. The EDD person that told me today that i was disqualified said if my employer contacted EDD and said they do not contest the UI Benefits I would automatically get it. Is this true?
    I want to contact my former employer and ask if she would be willing to contact EDD and tell them the company does not contest UI benefits. Will I then get the benefits? Any suggestions on what to ask my former employer to say to EDD? thanks so much for any help-

  2. #2
    Join Date
    Jun 2006

    Default Re: If an Employer States They Will Not Contest UI Benefits, Will I Receive Benefits

    It is not 100% true that if the employer does not contest, you automatically get benefits. While if your employer does not contest it increases your chances, it still comes down to the reason your employment ended. I have had employees who had their benefits denied, even though I did not contest, because the reason their employment ended was a disqualifying reason. That does not happen often, but it does happen.

    You do not need to contact the employer and ask them to contact the EDD. The EDD will contact the employer automatically. NO claim is EVER granted on the basis of the employee's statement alone; the employer is ALWAYS given a chance to reply. If the employer chooses not to reply, again that increases your chances, but it's still not a 100% guarantee.

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