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Michelle McDaniel Jondall

Back in Oct 2024 my husband was laid off. After 3 months he found a job. At the new job less than 3 mos his manager told him he wasn't sure if he was a right fit. Did everything he could to improve his performance but ultimately he got fired. Upon applying for unemployment again the only option he had was to reopen his claim from 2024. Being distraught from the firing and stress when he reopened the claim he put that he was laid off versus fired. The paperwork he received from the company did not say he'd been fired. Then he received an email asking him to fill out a form because of an error. Fills it out a week later received an email giving him 1 more payment and scheduling a call with a manager. Today before the phone call he received a letter stating he was denied because they claim he submitted fraudulent information. During the call the manager basically berated him and told him he was a liar. Does it make sense to submit an appeal?

I'm sorry you and your husband are going through this stressful situation. The EDD can be challenging to navigate, especially when there's confusion about terminology. Yes, it absolutely makes sense to submit an appeal. Here's why: The distinction between "laid off" and "fired" can be confusing, especially when under stress. In EDD terms, being laid off typically means job loss due to no fault of your own (like company downsizing), while being fired could mean misconduct - but importantly, not all firings disqualify you from benefits. If your husband was let go because he wasn't a "right fit" despite trying to improve, this may still qualify as eligible for benefits. What matters is that this appears to be a misunderstanding, not intentional fraud. The fact that the paperwork from the company didn't explicitly state he was fired could have reasonably contributed to the confusion. For the appeal: - You have 30 days from the date on the disqualification notice to file - Submit any documentation showing your husband tried to improve his performance - Include the company paperwork that didn't specify "fired" - Explain that this was a misunderstanding during a stressful time, not an attempt to defraud You can file the appeal online through UI Online or using the paper form that should have come with the disqualification notice. Consider reaching out to a legal aid organization like Legal Aid at Work or your local America's Job Center for assistance with the appeal. Many initial denials are overturned on appeal, especially when the issue is a misunderstanding rather than intentional fraud. Document everything thoroughly and be prepared to explain the situation clearly at the hearing.

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I'm so sorry you and your husband are dealing with this incredibly stressful situation. Being called a "liar" by an EDD manager is completely unacceptable and unprofessional - you have every right to be upset about that treatment. Absolutely yes, you should appeal this decision. Here's what you need to know: **The key facts working in your favor:** - Your husband was told he "wasn't a right fit" - this suggests performance issues, not misconduct - The company paperwork didn't state he was "fired" - He made efforts to improve his performance before termination - This was clearly a stressful situation that led to confusion about terminology **Important points for your appeal:** - Being terminated for not being a "good fit" or performance issues is often still eligible for unemployment benefits - Only termination for "misconduct" typically disqualifies you - The confusion between "laid off" and "fired" during a stressful time is understandable and doesn't constitute fraud - Fraud requires intent to deceive - this was clearly an honest mistake **Next steps:** - File the appeal within 30 days (this is crucial!) - Gather any documentation showing performance improvement efforts - Include the company termination paperwork - Write a clear statement explaining the misunderstanding - Consider contacting your local legal aid society for help with the appeal The EDD's fraud allegations seem completely overblown here. Many people successfully overturn these initial denials on appeal. Don't let that manager's unprofessional behavior discourage you from fighting this - you have a legitimate case. Stay strong and don't give up!

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