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How to win a phone appeal concerning unemployment benefits that were denied by california edd. Employer is fighting it.

Wilmington, NC |
Filed under: Employment

An upcoming appeal by phone with a judge regarding unemployment benefits. They were denied by california's edd and are being challenged by my former employer who is making charges up about my job performance. 16 years as a mobile home manager. A severance package was given to me upon my departure. Now they want to deny me unemployment benefits. I will be talking to an appeals judge by phone concerning the reasons the employer doesn't want to pay. It all boils down to their word against mine. How can I win this? Thanks.

Attorney Answers 2


  1. First of all, prepare for the hearing. Get all of your paperwork organized so that you can easily put your hands on everything. This may sound trivial but you have a limited amount of time to present your case and this can make a difference. The charges made make a difference. CA law states that unemployment may be denied if the employee commits misconduct. "

    Misconduct conncted with work is a substantial breach by the claimant of an important duty or obligation owed the employer, willful and wanton in character and tending to injure
    the employer. (Precedent Decision P-B-3, citing Maywood Glass Co v. Stewart (1959) 170 Cal. App.2nd 719.) "On the other hand mere inefficiency, unsatisfactory conduct, poor performance as the result of inability or incapacity, isolated instances of ordinary negligence or inadvertence or good faith errors in judgement or discretion are not misconduct.

    So, the dime version is you need to look specifically at the charges and address them directly. Also, remember that this is still a formal hearing. Do NOT interrupt the judge EVER. Do not interrupt the other side either. Be polite, professional, and organized. Good luck.

    The forgoing does not constitute formal legal advice and does not establish an attorney client relationship of any kind. It is for general information only. Reliance on this general information is not a substitute for consultation with an attorney. It is recommended that you consult an attorney for a full evaluation of your case.


  2. There is an appeal process.

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

    Check with a lawyer - after you read the link above - in your locale to discuss more of the details.

    Go to the office a few days before your hearing and request to see your file. Prepare for all the arguments you may face. Doing such preparations just a few minutes before your hearing starts allows you insufficient time to prepare.

    At the hearing, you will have an opportunity to tell your side of the story to the administrative law judge. It is a straightforward process and you don't need to be represented by a lawyer unless you want one (and are willing to pay for him or her). Be sure to research the law carefully and assemble all of the most important facts and documents ahead of time.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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