Can EDD legally deny benefits for not looking for full-time work based on a PART-TIME claim?

Laid off April 2012 from part time job (approx 24-32 hrs per week). I had been working an approx. 24-32 hour work week for the last five years. Federal Ext. Tier 1 began Oct 2012. I filled out form stating hours I could work (32 hrs based on my child's school hrs). I was notified of telephone interview. Interviewer asked me if I worked more than 30 hrs 55% of the time at my last job. She asked if I had childcare. I did, but not "officially" (no # of provider to give her during call). DENIED based on 1253(c). HOWEVER, based on Code Sec 1253.8, I believe I have a part-time claim NOT a full time claim which means I am only required to look for similar work (I look for PT & FT). Interviewer said I made too much $ to be PT claim. I will bring timesheets/paystubs to hearing. Any advice?

Folsom, CA -

Attorney Answers (2)

David Andrew Mallen

David Andrew Mallen

Employment / Labor Attorney - El Segundo, CA
Answered

File a timely appeal.

EDD has precedent board decisions online. Start here.

http://www.cuiab.ca.gov/Board/precedentDecision...

Then try to find a lawyer to represent you by the hour or on a flat fee.

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
Neil Pedersen

Neil Pedersen

Employment / Labor Attorney - Irvine, CA
Answered

If you have not yet read it, you should take a look at the following web page that discusses the "able and available" requirement of 1253(c).

http://www.edd.ca.gov/uibdg/Able_and_Available_...

It would be prudent for you to have specific plans for child care that you can present in the appeal.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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