EDD made determination without interviewing me - former employer falsely claimed poor performance after 15 years

You need to appeal IMMEDIATELY! You only have 30 days from the date on the determination notice. The appeal process is your right, and it sounds like you have documentation to prove you were laid off, not fired for performance issues. When you appeal: 1. Submit copies of those performance reviews 2. Include any layoff documentation/emails 3. If you have any texts or emails about the seasonal nature of your position or the promise to call you back, include those too 4. Write a clear timeline of events In your appeal, also mention that you waited for the scheduled phone interview but never received a call. The judge will schedule a hearing where both you and your former employer will testify under oath about what happened.

omg this happened to me 2!! boss said I was fired 4 misconduct when he totally laid me off cuz they lost a big client. EDD denied me but I appealed and WON! Just tell the truth at the hearing and bring all ur proof. They put u under oath so ur boss cant lie anymore lol

I'd start documenting EVERYTHING immediately. Write down the exact date/time of your scheduled interview that they missed. Get affidavits from any coworkers who were laid off at the same time - the more evidence the better. You've got a strong case with those performance reviews! If you received benefits already and they determine you're disqualified, they'll almost certainly issue an overpayment notice. BUT don't panic - if you win your appeal, that all goes away. The whole system is designed to favor employers initially since they just take their word for it, but the appeal process is much more fair. Have you tried calling EDD to ask why they missed the interview? It might help your case if you can get them to admit they messed up.

I had the exact same issue last year and discovered there's a specific service called Claimyr that can help you get through to an EDD agent without the endless redial cycle. I used it when I had a similar situation - determination made without actually interviewing me. Once I got through, I explained the situation, and the EDD rep noted in my file that I attempted to contact them multiple times. This helped during my appeal. You can check it out at claimyr.com - they have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Regarding your main issue though - definitely appeal! Bring all documentation showing you were laid off, not fired. The appeal hearing is your chance to present your side with evidence. Your performance reviews will be crucial evidence.

YOUR BOSS IS COMMITTING FRAUD to save on his UI tax rate!!!! this is WAY more common than people realize. employers will say ANYTHING to avoid paying. i went through 3 FREAKING APPEALS before EDD finally realized my boss was lying his butt off. document EVERYTHING and dont back down!!!!! the system is rigged against us but if you have those performance reviews you can win!!!

When you file your appeal, make sure to specifically request a copy of your employer's response to EDD. You're legally entitled to see what they claimed about you. This will help you prepare for the hearing. Also, be aware the appeal hearing will likely be by phone due to the backlog. Make sure your evidence is submitted at least a week before. If they mention anything about "penalty weeks" or potential overpayment, don't panic - that's standard language they include, and if you win your appeal, those penalties won't apply. I've been through this exact situation. The Administrative Law Judge (ALJ) will look at your work history (15 years is VERY significant) and weigh that against the employer's sudden claim of poor performance. If there was no written warning, performance improvement plan, or other documentation from them, and you have positive reviews, you're in a strong position.

my freind got determied ineligible after they nevr called either!!!! so frustrating!!!! did u check ur spam folder mayb they emailed instead of called?????

Quick question - when you initially filed your claim, did you indicate you were laid off due to "lack of work"? And what reason did your employer give on your separation notice? Sometimes these discrepancies trigger automatic eligibility interviews, and when they get backlogged, they just go with whatever the employer claimed without actually conducting the interview. It's completely unfair, but happens all the time.

I just want to emphasize how important it is to act quickly on your appeal. The 30-day deadline is strict. Mail your appeal form with delivery confirmation or submit it online through UI Online if that option is available to you. In your appeal statement, be very clear and specific: 1. State that you were laid off due to lack of work/seasonal reduction, not fired for performance issues 2. Note your 15-year work history with the company 3. Mention the positive performance reviews you can provide 4. Explain that you were available for the scheduled phone interview but never received a call Also, during your appeal hearing, if your former employer doesn't show up (which happens frequently), that works in your favor. The ALJ will only have your testimony and evidence to consider.

One more thing - continue certifying for benefits while your appeal is pending, even if your payments show as "disqualified" or stop coming. If you win your appeal, they'll release all those held payments at once. If you stop certifying, you won't be able to claim those weeks later, even if you win.