Received EDD interview request. (qualify, work, UI, state)

[jack612blue]

Long story short:

I could not keep up with the performance expectations of my employer. I was discharged and told my last day would be X.

I applied for unemployment and stated " I was discharged and I don't know why"

Received a letter from EDD requesting a phone interview. And these were some of the potential questions.

1. Why are you no longer working at your very last job?
2. Were you warned that your actions could result in being fired?
3. When were you warned?


Should i take this interview or skip it?



I know the general strategy already and its to be as vague as possible and say as little as possible.

[Chyvan]

Originally Posted by jack612blue

Should i take this interview or skip it?

Skip it.

Let your employer do what they are going to do, but you don't have to help.

So far, you've said nothing bad about yourself which is a good place to be.

[jack612blue]

Originally Posted by Chyvan

Skip it.

Let your employer do what they are going to do, but you don't have to help.

So far, you've said nothing bad about yourself which is a good place to be.

Interesting thought. Right now I'm trying to weigh the pros and cons. Correct me if I'm wrong, but If I don't take the interview, and the employer already put out a statement. Wouldn't I automatically lose? Or at least it will trigger a unfavorable decision towards me?

[Chyvan]

Originally Posted by jack612blue

I'm trying to weigh the pros and cons.

There's no "pro" to taking the call. The best taking the call can do is you NOT disqualifying yourself. At worst, you hurt yourself. Therefore, not taking the call is exactly the same as taking the call and choosing your words carefully. Make your life easier and don't take the call, and then you don' have to think or worry about making a mistake.

Originally Posted by jack612blue

Correct me if I'm wrong, but If I don't take the interview, and the employer already put out a statement. Wouldn't I automatically lose?

Maybe, maybe not, but the exact same thing can happen if you take the call.

Originally Posted by jack612blue

Or at least it will trigger a unfavorable decision towards me?

Not taking the call doesn't result in a worse decision. Your employer is going to say what they are going to say, you can't control that. However, after their card are on the table, then you are in the best position possible at an appeal hearing and THAT is the most important part of the process, not this initial phase.

Also, you don't want to ignore the possibility of an employer nonresponse. If that happens and you told a bad story, then you're responsible for your own disqualification and unnecessary appeal.

[BigDaveyL]

Originally Posted by jack612blue

Interesting thought. Right now I'm trying to weigh the pros and cons. Correct me if I'm wrong, but If I don't take the interview, and the employer already put out a statement. Wouldn't I automatically lose? Or at least it will trigger a unfavorable decision towards me?

Here is the gross over generalization:

I believe that in all states, it is assumed that the former employee gets benefits by default because it is assumed that most people want to work, follow the rules and try to do the best they can.

It is up to the employer to prove that the employee did not try, i.e. skipping out of work too much, abusing others, etc.

If the employer puts out a statement, you do not lose automatically. The UI people can use the information they have at hand. In your case, if your employer is truthful, you are likely to get UI.

The only case I have heard where someone was fired for performance and denied benefits was in PA. It was a guy that worked for a hospital for 20 years before being fired. Over the last two years of his employment with the hospital, they warned him several ways in writing and verbally that his performance had slipped and was no longer up to par. The hospital won because he had done the job well enough for 18 years and they gave him 2 years to fix his problems. Most employers I know like to cut performance problems off early so they don't let people stay around for long periods of time.