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Can I and How do I sue California EDD office for incompitence?

Ione, CA |
Filed under: Litigation

Their Office has continually caused insuficent or late payment to the point that I'm not able to pay my bills. I may lose my house next, have already lost a P.O.Box, phone, Car insurance, and drivers license for not being able to pay. The late charges I get from not being paid puts my bills beyond my income.

My wife appealed a ruling by CA EDD and won her appeal. They had withheld 7 weeks of checks from her starting in February 2009. Her hearing was not until July 20th. She received her ruling on August 13th, and has yet to receive the money that was withheld from her. They are so quick to cut you off, and getting the money back is taking forever! What can we do about this situation? It is impossible to get through to them by phone. She emailed them and they said they had not yet received the judge's decision (even though it was listed on her copy that the EDD office was sent a copy, and the Appeals Office verified they had sent a copy). They asked her to fax a copy of the decision, which she did (at a huge cost) on August 21st. She has again emailed to find out when she can expect her money and now receives no response. How can they just sit on nearly $2,500 for so long and not have to answer for it? Can we file for relief? What should we do?

Attorney Answers 1


Whether your payments are insufficient is an issue to take up with EDD but I bet they are at the legal limit. If they arrive late sometimes that does not give you any entitlement to spend the money before it comes. In my opinion you have nothing to complain about.

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John M. Kaman

John M. Kaman


Even the best football teams have 23-2 days.



You reply is inconsiderate and short-sighted. While unemployed, people depend upon these checks as income (bills still come on a schedule after all. It would be a perfect world where we all could be gainfully employed all the time. Sometimes, however, even while responsible people are trying to arrange such a life, setbacks happen. Welcome to real life; try to exercise a little grace so you don't find yourself having to be accountable for lack of concern for the plight of your fellow man.

John M. Kaman

John M. Kaman


I have been unemployed and received benefits. When I did I lived within my means and didn't blame EDD for my problems.

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