EDD denied my claim for 'incorrect information' about termination - need appeal letter advice ASAP

I successfully appealed a similar situation last year. The key is to be clear, concise, and honest in your appeal letter. Here's what you should include: 1. Your case number and contact information at the top 2. A brief explanation that you made an unintentional error in terminology, not an attempt to mislead 3. The correct circumstances of your separation (being let go vs. laid off) 4. Any documentation from your employer that supports your version of events 5. A statement that you're available for work and actively seeking employment I'd recommend sending it certified mail so you have proof of delivery. In my experience, they're reasonable if you can show it was an honest mistake and not deliberate fraud. Don't panic - many appeals succeed!

this happened to me too!! the terminology gets super confusing. i said i was fired but actually i was laid off lol. opposite problem. in my appeal i just explained i didnt understand the difference between terms and it was an honest mistake. took like 6 weeks but they approved me eventually

The EDD is EXTREMELY picky about termination language because it affects eligibility. 'Laid off' implies no fault of your own (eligible), while 'let go' for not meeting targets could be considered misconduct (potentially ineligible depending on circumstances). Your appeal letter needs to address: 1) Why missing sales targets wasn't misconduct (were the targets reasonable? did you try your best?) 2) That your terminology error wasn't intentional deception 3) Any mitigating circumstances about your performance Get a copy of your termination paperwork from HR if possible. You'll need it for the appeal hearing.

I went through something similar and wasted WEEKS trying to get through to EDD on my own to discuss my appeal options. Kept getting the "we're experiencing high call volume" message. Finally found Claimyr (claimyr.com) which got me connected to a rep in under an hour. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep I spoke with actually gave me specific wording to use in my appeal letter and told me what supporting documents would help my case. Totally worth it instead of stressing for weeks.

Based on your situation, you're facing a "false statement" disqualification under UI Code Section 1257(a). These are challenging but definitely appealable, especially when it's clearly a misunderstanding of terminology rather than intentional fraud. Your appeal letter should: 1. State this was an unintentional error in terminology 2. Explain your understanding of the difference now (laid off = no work available vs. let go = performance issues) 3. Provide the accurate details of your separation 4. Request penalty week reduction if applicable The standard of proof required is "willful" false statement - meaning you KNEW it was wrong when you said it. If you genuinely didn't understand the distinction between terms, emphasize that in your letter.

i think ur overthinking this lol. just write letter saying u made mistake with words. my cousin did this and got approved no problem. edd just wants to make sure ur not lying on purpose

One more thing - when you submit your appeal, make sure to request continued benefits pending appeal if you've already been receiving payments. You'll have to pay back anything you receive if you lose the appeal, but at least you'll have some income while waiting for the hearing (which can take 1-3 months). And keep certifying for benefits every two weeks even during the appeal process! Many people stop certifying when disqualified, which creates a bigger mess if they win their appeal later.

My neighbor went through something similar last year and ended up winning her appeal. She said the judge was surprisingly understanding about confusion between terms like "laid off" and "let go." The key was demonstrating that she wasn't trying to commit fraud. She brought her termination letter and performance reviews to the hearing. Also, the appeal hearing was over phone not in person (not sure if they're back to in-person now in 2025?), so she made notes of all her key points to reference during the call.

To answer your question about penalty weeks: When the EDD determines there's been a false statement, they can impose two types of penalties: 1. Disqualification: Denial of benefits for the claim 2. Penalty weeks: Additional weeks where you can't receive benefits on future claims If your notice doesn't mention penalty weeks, you might only be facing the disqualification. However, read the notice carefully - sometimes they're applied automatically based on the section of law they're using for the disqualification. And regarding your original question about getting a lawyer - for most EDD appeals, it's not necessary. However, if you're uncomfortable representing yourself or if there are complex issues beyond the terminology confusion, the Legal Aid Foundation offers free assistance with unemployment appeals.

I went through a very similar situation about 6 months ago. The stress is absolutely overwhelming, but you're getting some excellent advice here. One thing I'd add is to keep a detailed timeline of events - write down exactly what happened during your initial phone application, what you said, what the rep asked, and what happened during your phone interview. The appeal judge will want to understand the sequence of events and how the confusion arose. In my case, I included a paragraph explaining that I was unfamiliar with EDD terminology and genuinely believed "laid off" and "let go" meant the same thing. I also mentioned that I was cooperative during the phone interview and clarified the information as soon as I understood the distinction. Also, don't feel bad about the terminology mix-up - it's more common than you think. The EDD uses very specific language that doesn't always match how people naturally describe their job loss. Focus on demonstrating your honesty and willingness to correct the record rather than dwelling on the mistake. You've got this! The fact that you're being proactive about the appeal is a good sign.

Hey Keisha, I can totally relate to your stress right now - I went through almost the exact same thing about 8 months ago. The terminology confusion between "laid off" and "let go" is SO common, and honestly the EDD should do a better job explaining these distinctions upfront. Here's what worked for me: I structured my appeal letter like a formal business letter but kept the tone respectful and straightforward. I opened by acknowledging that I made an unintentional error in terminology, then explained that I genuinely didn't understand the legal distinction between being "laid off" versus being "let go" for performance reasons. I emphasized that I was fully cooperative during my phone interview and immediately clarified the circumstances once I understood the difference. The most important thing is to show that you weren't trying to hide anything or commit fraud - you were just using everyday language that didn't match EDD's specific definitions. Include any employment documents you have and definitely mention those unrealistic sales targets during the pandemic if that's relevant to your situation. Also, start working on your appeal letter right away but don't rush it. Take time to review it carefully before submitting. You've got plenty of good advice in this thread already - you're going to get through this!

I'm going through something very similar right now and this thread has been incredibly helpful! I made the same mistake - told EDD I was "laid off" when I was actually terminated for attendance issues. Got the same disqualification notice last week. One thing I wanted to add that might help: when I called my former HR department to get copies of my termination paperwork, they were actually really understanding about the situation. The HR rep even mentioned that they get calls like this fairly often because people don't realize how specific EDD's language requirements are. Also, I found a sample appeal letter template on the EDD website under the "Appeals" section that gives you a basic structure to follow. It's not super detailed but at least gives you the proper format and headers they expect to see. Keisha, based on what you've shared about the unrealistic sales targets during the pandemic, I think you have a really strong case. That context about the 30% increase in targets when foot traffic was down could be key to showing this wasn't misconduct on your part. Definitely include that detail in your appeal! Hang in there - from everything I'm reading in this thread, these terminology mix-ups are way more common than we realized and many people successfully get them overturned.