Q: Is it illegal for my former employer to lie to the edd about still being employed?
I was let go by my former employer in February of this year, I applied for edd benefits, sent them all the information needed including my termination papers and was approved. In the following month I was notified by edd that my benefits had stopped do to my former employer saying I was still employed and working full shifts. There had been no communication to me about overturning my termination and under the circumstances I didn't want to return to the former employer at all. Is this something I can fight or am I at the mercy of "he said she said".
A: The employer should not lie to EDD. You will have the burden of proof. You should ask your employer for a copy of your payroll records and employment file. If the employer fails to provide them within 30 days, you can recover $750.00 in statutory damages and reasonable attorney's fees. Those records will be very helpful proving that your employment was terminated and it will make a good exhibit.
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