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Subject:
Unemployment Claim (CA) being appealed by ex-employer- how to handle this??
Category: Business and Money > Employment Asked by: ccplus1-ga List Price: $3.00 |
Posted:
08 Jan 2006 20:11 PST
Expires: 07 Feb 2006 20:11 PST Question ID: 430978 |
I recently was awarded unemployment benefits after being let go from a job after a month (I spelled out details of the situation in my question posted recently- Question ID: 605333). Just received a letter today from the EDD stating that my former employer is appealing the decision, and I'll have to go to court about it. I'm dreading having to discuss this situation in a court setting, and feel intimidated already (though I do believe it was fair granting me the benefits). Can I have a legal aide accompany me, for support if nothing else? Would it be worth hiring an attorney? or even permitted? I don't really understand why my ex-employer is taking time to pursue this. Any answers/comments are appreciated. |
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There is no answer at this time. |
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Subject:
Re: Unemployment Claim (CA) being appealed by ex-employer- how to handle this??
From: pinkfreud-ga on 08 Jan 2006 20:35 PST |
I worked for many years in a state office in which hearings related to unemployment claims were held. From time to time, when co-workers were absent, I participated in the hearings in a clerical capacity. Please don't feel intimidated. This is not like court proceedings of a criminal nature. Some employers, unfortunately, protest nearly all the claims that are filed on them. I believe most (if not all) states permit the claimant to be represented by legal counsel at a hearing. Unless a case is very complex, this isn't likely to be necessary. These hearings are typically conducted in a very fair manner, and all you really need to do is tell the truth about the circumstances that led to your termination. If your former employer alleges that you were fired for cause, it is up to him or her to prove those allegations. |
Subject:
Re: Unemployment Claim (CA) being appealed by ex-employer- how to handle this??
From: joe916-ga on 09 Jan 2006 15:46 PST |
Contact your former employer to inspect you personnel file, get copies of everything you signed(especially discipline) they are required by law to comply. If there is no discipline get copies of everything else so you can prove that you inspected it(and there was nothing related to your performance)and prepare for the hearing(list of questions, facts, etc I think you will be able to ask questions (putting them on the defensive probably cant hurt.). Your former employer will be prepared! Try to get any witnesses to testify.(probably difficult due to fear of retaliation). Below is the site for California's 29 codes (one of which is the unemployment code) you can due key word searches or leave the field blank and view the whole code by division. http://www.leginfo.ca.gov/calaw.html Below is the site for EDD FAQ by topic http://www.edd.ca.gov/uirep/uifaqpre.htm I hope you win! (I don't like unfair employers) Also in the future you mite consider going over your supervisors head a speak with the manager as they usually have more integrity. |
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