EDD eligibility interview confusion after employer misreported my termination reason

You're in a complicated situation but don't panic. When there's conflicting information about why employment ended, EDD conducts eligibility interviews to determine the true reason. Since your employer reported 'lack of work' (which would typically qualify you for benefits) but you're saying it was actually related to maternity leave (which could be illegal termination), the interviewer will try to establish facts. During your interview: 1) Be honest about asking for extended maternity leave, 2) Explain exactly what happened when you requested it, 3) Provide any documentation showing you were performing well before this issue. The good news is that if you were terminated for requesting maternity leave, that would likely be considered termination without misconduct, making you eligible for benefits. Just make sure to mention you have an attorney working on a wrongful termination case - that strengthens your position.

omg this hapend to me last year!! my boss fired me for taking too many sick days but told edd i quit!! i was sooo stressed about the interview. they asked a bunch of questions about dates and stuff and i got confused. make sure u have all ur dates written down before the call!!

I had a similar situation (though not maternity-related). Here's what will happen in your eligibility interview: The EDD interviewer will ask specific questions about your separation, they'll also contact your employer for their side, then make a determination based on who they find more credible. In your case, there's actually a weird advantage - your employer reported 'lack of work' which is a qualifying reason for benefits. If you tell EDD you were terminated for requesting maternity leave, they'll investigate, but either way you'd likely qualify. If it's lack of work, you qualify. If it's for requesting protected leave, that's not misconduct, so you'd still qualify. Definitely consult with your attorney before the interview to make sure your statements to EDD don't contradict anything in your wrongful termination case. Your attorney doesn't need to be on the call, but their guidance beforehand is valuable.

THEY'RE GOING TO DENY YOU!!! The system is RIGGED against workers. I went through the EXACT same thing. I got fired for using FMLA time (totally illegal) and my boss lied to EDD saying I abandoned my job!!! The EDD interviewer was RUDE and barely let me talk. They sided with my employer and DENIED my claim even though I had PROOF!!!! I had to go through the whole appeal process which took FIVE MONTHS before I got a penny!!!! The whole system protects employers!!!

my cousin works at edd and says they're really backed up with interviews right now so make sure you answer when they call cuz if you miss it the reschedule takes like 3 weeks

If you're having trouble getting through to EDD to ask questions before your interview, you might want to try Claimyr. I used their service when I was in a similar situation and needed clarification before my interview. They connected me to an EDD representative within about 20 minutes when I had been trying for days on my own. Check out their demo video at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or visit claimyr.com - totally worth it for peace of mind before a stressful eligibility interview.

btw what happened with ur baby? did u have to go back to work early?? thats so messed up they would fire a new mom!!!

I handle employment law cases, and this is actually a pretty common scenario. Here's what you need to know: 1. For your EDD interview, stick to facts and timeline. Avoid emotional statements or accusations against your employer. 2. The fact your employer reported 'lack of work' while you're claiming termination after requesting maternity leave extension creates what's called a 'material fact dispute' that the interviewer must resolve. 3. Provide documentation if possible: emails requesting the leave extension, any response, termination notice, etc. 4. After the interview, EDD will make a determination. If denied, you'll have 30 days to appeal. 5. Important: Let your attorney know about this EDD interview ASAP. While they don't need to be present, they should advise you on how to discuss the termination in a way that doesn't compromise your wrongful termination case. Most likely outcome: If your account is credible and consistent, EDD will likely approve benefits since neither reason (lack of work OR requesting protected leave) constitutes misconduct that would disqualify you.

Just wanted to add - if your interview doesn't go well and you get denied, don't give up! The appeal process actually has a pretty good success rate. Almost 50% of appeals get reversed in the claimant's favor. Just make sure you request the appeal within the 30-day window.

UPDATE: I had my eligibility interview yesterday. The interviewer was actually really thorough and let me explain everything. They asked for specific dates and details about my leave request and termination. I provided the email where I requested the extension and my termination letter. They said they'd be contacting my employer for follow-up and I should receive a determination in 7-10 days. My attorney prepped me well for the questions. Fingers crossed! Thank you all for the advice and support.