EDD claiming I quit voluntarily after layoff with RIF paperwork - employer contradicting severance letter

This happens more often than you'd think. Your former employer is probably trying to avoid their unemployment insurance rates going up. The good news is that you have documentation showing it was a RIF, which is extremely valuable evidence. Here's what you should do: 1. Follow up with EDD to confirm they received your faxed documents 2. Submit a written statement clearly explaining the circumstances of your separation 3. Request copies of whatever documentation your employer submitted 4. If you received any severance or termination documents that state it was a layoff, submit those immediately Don't panic yet. The EDD will make a determination after reviewing all evidence. They're used to seeing conflicting information from employers and employees.

my boss tried the SAME THING last year!!!! said i quit when they actually eliminated my whole department. these companies will say ANYTHING to avoid paying unemployment costs. make sure you keep COPIES of EVERYTHING you send to edd. and write down the names of everyone you talk to there. the system is a nightmare

This is a common issue with unemployment claims. Your employer is attempting to contest your claim to avoid their UI tax rate increasing, which happens when former employees collect benefits. For the EDD determination interview: - Provide your RIF documentation and any severance agreement showing it was not a voluntary resignation - If you have any emails or communications about the layoff, submit those as well - If you received a severance package, that's additional evidence it was a layoff (people who quit don't typically get severance) - Request a copy of whatever your employer submitted claiming you quit The EDD will weigh the evidence and make a determination. If they rule against you, you have the right to appeal within 30 days. The appeal process is fairly straightforward but can take time. Based on what you've described, having the RIF documentation puts you in a strong position.

I'm going through something similar right now!!! My employer is saying I was fired for misconduct when I was actually laid off with 5 other people. The whole UI system is designed to be confusing on purpose I think. I've been trying to reach EDD for 3 weeks straight and can never get through. Always get the "we're experiencing high call volume" message and then it hangs up. How did you even get an eligibility interview?? I've been waiting for one for over a month.

This doesn't sound right at all! If you have the RIF paperwork, you should be fine, but the EDD system is a mess honestly. When I got laid off last year, I had all my documentation in order but still had to fight for my benefits. One thing nobody mentioned - did you sign anything on your way out? Sometimes employers slip in resignation language into exit paperwork. Check everything you signed carefully. And if your RIF notice specifically uses the words "involuntary separation" or "layoff due to reduction in force," that should be very strong evidence. Also, contact your old coworkers if possible. Were others laid off at the same time? Their testimony could help if this goes to appeal.

honestly the edd is a joke lol. they'll probably make you wait 3 months for a decision and then u have to appeal anyway. the whole thing is rigged to make people give up. good luck buddy ur gonna need it

wait i got confused reading this. so ur saying u were laid off but ur employer is telling edd u quit? did u sign a resignation letter? im trying to figure out what to expect cuz my company is doing layoffs next month

Quick update on my earlier advice - be sure to submit a written statement to EDD addressing the specific claim that you voluntarily quit. You should explicitly state that you did not resign, did not give notice, and were informed by the company that your position was eliminated due to a reduction in force. Make sure you're still certifying for benefits every two weeks while this is being resolved. If your payments are put on hold pending this determination, they'll be released as a lump sum once the issue is resolved (assuming the determination is in your favor). If you receive a negative determination, you have 30 days to appeal, and the success rate for appeals with good documentation is actually quite high. The appeal hearing is conducted by an Administrative Law Judge who will review the evidence more thoroughly.

I went through this exact scenario in January! My former employer tried to claim I had abandoned my job when I was actually part of a mass layoff. It was infuriating! What worked for me was calling EDD directly and speaking with a tier 2 specialist who could actually note my account. I couldn't get through for days, then I found Claimyr (claimyr.com) which connected me with an EDD representative within 20 minutes. I was able to explain my situation and they flagged my account for urgent review. The EDD rep told me they see employers do this frequently to avoid the UI tax hit. Since I had documentation proving the layoff (similar to your RIF paperwork), they ultimately ruled in my favor after reviewing everything. Don't lose hope!