I am having trouble with CA EDD, and prior employer, and the appellate court. I was wrongfully denied benefits and need help.

Asked over 1 year ago - Los Angeles, CA

I relocated within my company to a new property in Coachella California. After several months of harassment including; car tires being slashed, personal property damaged, asked to take $4 pay cut/relocation, and emotional abuse, I quit to protect my health. For the second appeal, I sent doctor bill, prescriptions for antidepressants, and reiterated the abuse the court still favors the company. EDD's decision contradicts itself as it agrees tire slashing is not appropriate, nor the $4 pay cut, and the company was more than likely going to let me go, that I do not have the right to quit under normal stress and that all companies are expected to have its stress. I'm about ready to mentally and physically collapse. I also deal with PTS and depression and this situation is difficult. Thanks

Attorney answers (2)

  1. Neil Pedersen

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you have already had your initial hearing, and then the appeal of the initial determination, you are really at the end of the road in terms of getting unemployment benefits. You made your case and lost. You will need to find another source of income.

    If you are dealing with a serious enough case of PTSD and depression, your doctor might be able to certify that you are disabled such that you would be qualified for State Disability Insurance through the EDD. If the PTSD and depression can be established to have been caused by the workplace, you might have had a workers compensation claim, but you should consult with a workers compensation attorney on that right away. You may have missed the window of opportunity to file for that. Finally, if the PTSD and depression are really bad, you might qualify for Social Security disability. If you believe that is possible, you should consult with a Social Security disability attorney to assist you in making that claim.

    Good luck to you.

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

    Contributor Level 20

    3

    Lawyers agree

    Answered . I generally agree with Mr. Pedersen's comments. The only thing I would add is, if you have exhausted your appeals through the UIAB, your last resort would be to file a petition for a writ of mandate with the Superior Court in the county your case was heard in, within 6 months from the date of your last appeal was denied. This is a very complex process and you probably would have to pay an attorney a lot of money to do it, so I'm guessing it is not realistic for you, given your current status. Furthermore, the chances of convincing a superior court judge that the AI appeals board was wrong, is not good. But you should be aware of that option.

    I hope things work out for you in the future.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more

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