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Can’t you get an option to keep getting paid disability while in the appeals process…especially since this is something that you reported on your application in the first place?
That’s what I thought…but since he’s made EDD think I’m fraudulently claiming disability benefits, they cut me off until I can prove that I’m legitimately qualified to receive anything. I think the best I can do is submit my appeal quickly.
Thanks everyone for your support and advice and kind words…it means a lot to me, you have no idea 😳 It seems like bad thing after bad thing has been happening the past entire year. I’m absolutely punch-drunk at this point.
By any chance was that other employee that he fired at the company when you did a few days misc. work there? If so, she could possibly submit a statement on your behalf, I would imagine the other employees still there would be afraid to because of retaliation by him.
GAAAAAAAAHHHH!!!!!
Now my checking account is overdrawn! My OTHER old employer who I’ve been trying to get my paycheck from for about 3 months wrote me a bad check! So when they reversed it, I didn’t even have enough to cover, so I got charged all the fees, and I now have $30 in my account for the next…3 days or so. OOOOOOOOOHHHH!!! 🙄 🙄 🙄
And I was all happy that at least I had a new pretty come in the mail, and he’s broken. Seriously…I kinda have to laugh, but insane, maniacal laughter. Freaking out now. fhdasghdjkalhgfjklhzgsjlhgjkflhzgjhlgjrhiv;hhj!!!
😈
chrisherself wrote:GAAAAAAAAHHHH!!!!!
Now my checking account is overdrawn! My OTHER old employer who I’ve been trying to get my paycheck from for about 3 months wrote me a bad check! So when they reversed it, I didn’t even have enough to cover, so I got charged all the fees, and I now have $30 in my account for the next…3 days or so. OOOOOOOOOHHHH!!! 🙄 🙄 🙄
And I was all happy that at least I had a new pretty come in the mail, and he’s broken. Seriously…I kinda have to laugh, but insane, maniacal laughter. Freaking out now. fhdasghdjkalhgfjklhzgsjlhgjkflhzgjhlgjrhiv;hhj!!!
😈
When you get a chance, send the pretty here and I will fix him pro bono, you deserve a break.
Kyrin
Well, this situation sucks!! I feel really bad for you! I think what your case will come down to is wether or not you could be deemed as a ‘contractor’ during your temporary ‘rehire’. The deal may be that if the employer ‘hired’ you back, even temporarily, was paying you as an employee(meaning taking taxes out) you may be fine. However, if they didn’t treat your payment as ‘payroll’ and instead paid you as a regular account payable (like in a 1099, services rendered) they may not be required to give umployment. If I were you, I would also find out if there is a time frame between when you lose your job and how long you have to file for unemployment benefits.
I was just saying that I hope that person he fired was a witness to when you did the miscellany work, because if it wasn’t on a 1099 previously, he may say that you worked more hours for more pay than you actually did, so it would be good if you had a witness to how much you were there, and hopefully, copies of the pay stubs from that time, as well. But if you already reported it on your initial application, it looks a lot better for you, you did not try to hide anything, and these guys know how much employers try to get these claims denied for people.
I hope it catches up to him too. My favorite guilty pleasure when I can’t sleep is thinking of all the ways I want to get revenge. I’ve come up with some creative ones!
…nothing I’d do though, no matter how hard I want to! That stuff is always so fun to fantasize about but actually retaliating causes nothing but trouble and would damage my “case” 👿
Just for the record, I’m on disability, not unemployment–that I wouldn’t qualify for. I keep mixing them up myself, but they’re seperate from each other.
chrisherself wrote:🙄
I’ve been on disability for my broken elbow. Back when I was in the process of applying, my past employer found out about my disability claim and threw a FIT, which I then heard about because I have friends who still work at that company. “She’ll never work here again!” “She’s trying to cheat the company!” “She just wants a free ride!” None of that is true of course, I just can’t work, and my doctor suggested I apply for disability. Since I know this employer is retaliatory and out to get me, I did feel extra happy when I received my first check. I’ve received a couple more the past month and a half, and they’ve helped me squeak by on bills and expenses while I look for a new job. (I quit before I broke my arm, then they had me come back for a few days to do some miscellaneous stuff, then I broke my arm and was no longer able to come in. So though I’m unemployed, I do qualify for disability. I spent a very long time with my coordinator going over this specific situation since it’s murky, and got the clear.)
I got a letter in the mail today from EDD, and now, apparently, I have to give every penny of it back. 😮 Every. Penny.
The explanation? I was self-employed during the time of the injury and therefore not eligible for benefits.
I’ve been paying disability insurance on my paychecks for at least 3 years, but because I was invited back to my old company to help out for 5 days, suddenly I can’t access those benefits? It just doesn’t make sense!! Why would the government grant me the benefits, then suddenly go “Oops, we changed our mind!” for no reason?!? I have a feeling my old employer is behind this. Currently he’s being sued by another of my coworkers, who was fired for asking for a raise.
OMG!!! This is the same crap I am dealing with right now with my boyfriend Shaun!!! He got a summons to court to pay back all of his unemployment saying while he was “mowing lawns” for people who felt PITY for us, he in turn became a self employed landscaper!?!? WTF?!?! Are you freaking kidding me right now?!?!
Seriously! FIGHT IT! We are! You should be able to appeal that decision! It’s going to be a real pain in the butt, but appeal, Appeal, APPEAL it! There is a way you can!
Even if it doesn’t go youre way, you can even appeal it a second time! It can take months but you DON’T HAVE TO PAY IT ALL BACK! Don’t let them tell you that! I have been doing tons of research lately on that kind fo stuff and EVEN IF YOU DO have to pay it back in the end and loose every case (which you shouldn’t given the circumstances), you can pay in monthly installments WORST CASE SCENARIO!
That is TOTAL BULL SH*T! It’s SO STRESSFUL and honestly, I think they do it like this on purpose hoping you’ll just throw in the towel and pay it back because you’re already stressed out enough. Seriously, breathe a little and FIGHT FIGHT FIGHT!!!
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I will then!! All they’d get out of my pockets is moths anyway. I did make some progress, got my appeal typed up and mailed in. I also spoke to the lady at my old work who had helped me with the forms when I was applying. She said no one contacted her after the claim was mailed, and the only two other people who could have spoken to EDD told her that they didn’t, when she asked them.
Something just isn’t fitting!! I’m hoping when I get my response from EDD, that they clear some stuff up for me.
*alarm bell* She said that when she went to my old boss, he said, no, no one from EDD called him, and that he barely remembered I had even gone ON disability. Yeah right!! This guy was bitching to another coworker less than a month ago about a minor incident involving him and me, that had happened frikkin 8-9 months ago. I SERIOUSLY doubt he would forget something like this, especially if he had spent an hour yelling and hooting and hollering about when he first discovered it.
All I have to say is A**HOLES, all of them! 👿 Just pisses me when employers treat their employees like crap! It’s like they kiss the a**es that poo on them and kick the ones who are truly worth their weight in gold–what’s up with that?! I hope you win and I hope you win big time–and I hope the jerks who employed you get what’s coming to them. Like spitting in the wind, you can’t keep screwing people over and then go peacefully about your own life–it’ll come back at ya sooner or later! 😡 👿 :negative:
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