who speaks first in the hearing?Iwas laid off, then when my employer got a call from the edd he said I quit.it comes down to his word and mine since I was in the office alone with my boss when I got laid off due to lack of work.i have no paperwork to prove my point,i can only tell the truth and hope for the best.Does he speak first or do I? In a case like mine, what can I do?I was laid off do to lack of work.my boss said I quit with no good reason and should not get benefits.He lied so where do I stand?
Typically, the side who requested the appeal hearing gets to speak first. However, the administrative judge has discretion regarding how to conduct the hearing. It is likely that the judge will simply start asking questions of the appealing side (in this example, you).
Normally, the appellant speaks first. However, it is really up to the administrative law judge (ALJ) as to how the hearing is conducted.
During the hearing, the ALJ will first explain the hearing procedure and the issues listed on the hearing notice. The ALJ will place the parties and witnesses under oath and take their testimony. The ALJ will ask each party and witness questions. You will also have an opportunity to question every person who testifies. Before the hearing ends, you will have an opportunity to make a closing statement.
See the EDD's website for more information:
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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