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EDD eligibility after termination related to elder abuse investigation that cleared me?

I just got fired from my job at a senior care facility after being suspended for 3 weeks during an elder abuse investigation. The investigation actually CLEARED me completely (found the claim was false), but my employer still decided to terminate me anyway. They vaguely mentioned "other complaints" but I've NEVER received any written warnings or even verbal reprimands during my 2 years there. I'm wondering if this makes me eligible for unemployment benefits? Since the investigation found nothing against me, can they still deny my unemployment? I'm really worried because I have bills piling up and no income now. Has anyone dealt with something similar?

Juan Moreno

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This happened to me last year in a different field (childcare). Even though I was cleared of all allegations, my employer still let me go. I applied for unemployment and was initially approved. HOWEVER, my former employer contested it claiming I was fired for "misconduct" (totally fabricated). I had to go through an eligibility interview where I explained my side and provided the investigation results. EDD ultimately ruled in my favor because there was no documented history of warnings or write-ups. Just make sure you're completely honest on your application about why you were terminated and be prepared for the possibility of an eligibility interview.

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Thanks for sharing your experience! Did you have to submit the investigation results or just explain what happened during the interview? I'm nervous they'll automatically believe my employer.

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Amy Fleming

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You should definitely be eligible for unemployment benefits in this situation. The key factors EDD considers are: 1. Were you fired for misconduct? 2. Is there documented evidence of this misconduct? Since you were cleared by an investigation and have no prior warnings/write-ups, you have a strong case. When you file your claim, make sure to clearly state you were terminated after being cleared of allegations. Be prepared for your employer to potentially contest your claim - they often do this automatically. If your claim gets flagged, you'll receive a notice for an eligibility interview. Make sure to have any documentation from the investigation showing you were cleared, and be prepared to explain the situation calmly and factually.

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Alice Pierce

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what if they just say ur fired for "not being a good fit" or some vague reason?? can they still deny u benefits for that?? asking cuz I'm in similar boat

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Esteban Tate

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THEY ALWAYS TRY TO DENY YOU!!! My company made up reasons after I was cleared of an accusation too. EDD initially denied me because the employer LIED about having given me warnings. I had to appeal and go through a whole hearing which took MONTHS while I couldn't pay rent!!! The system is DESIGNED to make you give up. If they deny you, APPEAL IMMEDIATELY and gather every bit of evidence you can. The lack of write-ups will help your case enormously. Also document EVERYTHING from this point forward - save emails, texts, termination paperwork, EVERYTHING!

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That sounds really stressful! I'm going to start collecting everything I can. Thankfully I have the letter stating the investigation cleared me. Did you eventually get approved?

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Esteban Tate

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YES I did finally get approved and got backpay for all the weeks I certified during the appeal process. Take detailed notes during any phone calls with EDD too - who you talked to, date/time, what they said. The system is a NIGHTMARE to navigate!!!

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I had a heck of a time reaching EDD when I was in a similar situation (different industry but similar unfair termination). I kept getting the "maximum callers" message for DAYS. Finally found a service called Claimyr that got me through to an EDD rep within about 20 minutes after trying for over a week on my own. Saved me so much stress and I was able to explain my situation to a real person who helped sort out my claim status. You can see how it works at claimyr.com or check their demo video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km They connected me pretty quickly when I thought I'd never get through. Just something to keep in your back pocket if you end up needing to actually speak with someone at EDD.

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Elin Robinson

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Does this actually work? I've been trying to reach EDD for 2 weeks about my disqualification and keep getting the same "too many callers" message. At this point I'm desperate enough to try anything.

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It worked for me! I was super skeptical too but after trying on my own for over a week I was desperate. Took about 20 minutes to get through when I'd previously spent hours redialing. The rep I spoke with was able to help me understand exactly what documentation I needed for my eligibility interview.

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Atticus Domingo

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my cousin works at edd and said if u get fired but not for misconduct u should get benefits. since u were cleared in the investigation they cant say it was misconduct. but they might try to fight it anyway bc companies always do lol. just apply asap dont wait

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I'll apply today. I'm just worried about the "other complaints" they mentioned, even though they never documented anything.

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Juan Moreno

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One more thing - when you file, make sure you use the term "discharged" rather than "fired" or "terminated" in your application. Also, if they ask for the reason, choose something like "employer claimed unsatisfactory performance" rather than misconduct. This small distinction in terminology can make a difference in how your claim is initially processed. Since you had no write-ups or warnings, any "other complaints" they suddenly mentioned during termination will look suspicious to EDD without documentation.

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That's really helpful advice about the terminology! I would have just said "fired" without thinking about it. I'll be careful about how I word everything.

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Alice Pierce

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i got approved after being let go even tho my boss tried to say i was always late but had no proof lol. just be honest on ur application and edd usually sides with the worker if theres no documentation of problems. good luck!!

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Elin Robinson

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I'm dealing with something similar (different field) and I'm so nervous about the eligibility interview next week. What kinds of questions do they ask? Do I need a lawyer? My employer is a large corporation with HR and legal teams and I'm just me...

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Amy Fleming

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You don't need a lawyer for an eligibility interview. They'll mainly ask about the circumstances of your separation - why you were terminated, if you received warnings, your work history, etc. Be honest, stick to facts, and have any supporting documentation ready. The interviewer is trying to determine if you were fired for misconduct that would disqualify you from benefits. Most people handle these interviews on their own without legal representation.

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Esteban Tate

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Make sure you CERTIFY FOR BENEFITS every two weeks even while waiting for the initial determination!!! I made the mistake of waiting until my claim was approved, and I lost out on several weeks of backpay because I didn't certify. Even if your claim is pending or under review, you need to certify for each eligible week or you won't get paid for those weeks later!

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I didn't know this - thank you! I would have probably waited for approval before certifying. So even while they're deciding if I qualify, I should still do the bi-weekly certification?

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Esteban Tate

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YES! 100% certify for EVERY eligible week regardless of your claim status. If your claim is eventually approved, you'll only get paid for weeks you certified for. Miss a certification and that money is GONE forever.

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