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How can I win my appeals case? Can the EDD tell me I can't work, when I can?!

San Ramon, CA |

I was denied unemployment benefits from EDD after a phone interview where it was determined by EDD that I was unable to work full time hours as I am a full time student. While I worked for my employer 45 hrs a week, I was also a full time student so I did not attend schooling after being terminated from my position. So how can EDD determine that I'm unable to work full time when clearly I've done so before? How can I properly fight my case at the appeals board? What information do I bring? Will my employer be present during the hearing? Or am I only going against the EDD interview? Please help!

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Attorney answers 1

Posted

The California Employment Development Department provides some guidance on the treatment of school attendance under the California Unemployment Insutance Code at: http://www.edd.ca.gov/UIBDG/Able_and_Available_AA_40.htm. It also provides a factsheet about the appeals process at: http://www.edd.ca.gov/pdf_pub_ctr/de8714f.pdf. I hope you find these resources helpful.