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Q: Unemployment Claim (CA) being appealed by ex-employer- how to handle this?? ( No Answer,   2 Comments )
Question  
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.
Answer  
There is no answer at this time.

Comments  
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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