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Being told Iam being laid off and Co tells EDD I was fired

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jeffisaak

Junior Member
What is the name of your state (only U.S. law)? Califorina

used to work as and outside sales rep for a electricial wholesale co. I was let go a month ago. I filed for unemplyement and they told the EDD that I was fired for not doing my job. Most of my customers or contractors and building has pretty much stopped here in Califorina whe have a bad recession in Cal. Well EDD has awarded me my unemployment but thier are appealing the EDD decision. I was told I was laid off because they could not afford some to develope a new area, I was there almost a year and let go with out ever being warned or wriien up. Also part of my deal to work for them they where to give me health insurance that they never did. I believe the let me go is because I keep asking them about my health insurance. What can I do ? Thank You
 


pattytx

Senior Member
At the hearing, relate just what you told us, except the "because I kept asking them about health insurance". That's your opinion, not anything you can prove.

Answer the questions truthfully, and do not volunteer extraneous information.

"I was told I was being laid off because they could not afford" whatever.
"I did not resign, either verbally or in writing."

Since the employer is the one appealing, the burden of proof will be on the employer to change the state's mind.

Good luck.
 

commentator

Senior Member
To patty...well done, grasshoppa!

To the OP, since you probably are now receiving benefits, the delay isn't quit as awful. As you have been told, the employer is the appellant. Unless they can come up with a lot of documentation that you did not do a good job, that you had been warned, that you deliberately chose not to do your job well, or slacked off on what you were doing, or were stealing from the company, some misconduct reason, either documented progressive disciplinary action or major misconduct, you're probably pretty safe.

As you've been told, keep completely away from the "They never gave me health insurance like they promised" or "I think they got rid of me because I kept asking them about the health insurance."

Keep on the topic of what they told you when you were told you no longer had a job, emphasize that you had never received any warnings or indications that your performance was in any way unacceptable, and you might just want to throw in the phrase that you "always did the job to the best of your abilities."
 

jeffisaak

Junior Member
Thank you

Thank you for your help. I have a family kids wife house payments like everyone I did not see this comming and should have not left the company I
was working for to that this job the grass is not always greener. Again thank you to all of you I feel better. Take Care
 
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