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.