Denied California Unemployment Insurance? Call in the Experts…

Los Angeles, CAIt was back in December of last year that an Antioch woman was sentenced to jail time and ordered to pay restitution for, amongst other things, applying for unemployment insurance in the name of six individuals. The woman worked as a human resources administrator for a private airline and had access to employee records. She presumably thought she could help herself to some extra cash on the backs of unsuspecting individuals through loans, an application for a credit card and the previously mentioned unemployment insurance benefits. The ne'er-do-well was eventually caught, tried and sentenced. But applying for unemployment insurance benefits even legitimately is never that easy, and a denial becomes even more complex. Little wonder plaintiffs turn to a California Unemployment Insurance Denial lawsuit, when that happens…

While there are basic criteria that come into play, the most simplistic premise remains that a California worker loses his or her job through no fault of his or her own. Such a circumstance triggers an application for unemployment insurance benefits - and provided the employee meets qualifying criteria (not having quit or having been fired for just cause), a former employee can reasonably expect benefits.

But not always. An employer may misrepresent the facts, claiming that an innocent employee was, indeed, terminated for just cause or resigned voluntarily, which differs from fact. When this happens, an otherwise legitimate claim can come back denied.

It is here that time is of the essence, and of utmost importance is to involve expert assistance in order to ensure an appeal of the denial is handled properly.

Oh, I can do that myself, you say. I can do my own taxes too, or represent myself in small claims court. Who needs a real estate agent, when I can sell my own home and pocket what I would otherwise have to pay in real estate fees? Sure, I can fix that leak. Who needs a plumber?

In reality you now have water all over the kitchen, you owe taxes when you could have earned a substantial refund, you’re laughed out of small claims court and the buyer of your home is suing you because a lien on the property was not disclosed…

Azad Marvazy, founder and managing partner of Light Law Group, APC, tells Online Legal Media’s Heidi Turner that expert help is extremely important at this stage. First, there is a time limit: 30 days from the date stamped on the denial letter, before the window of opportunity for an appeal slams shut.

Then there remains a complex and complicated process for the filing of correct paperwork amidst strict timelines. Any errors, however small in the appeals process - missed deadlines, omissions or errors - could result in a lost appeal. And it appears, barring the filing of a CA Unemployment Insurance lawsuit, you only get one kick at the appellate can.

That’s why involving a qualified attorney from the outset is so important. Akin to hiring a licensed electrician to rewire your house, a skilled attorney knows the process and provides the best possible chance of a successful outcome. It’s also important not to underestimate the value of an attorney representing your case at the appellate hearing. Thorough preparation and a professional presentation at this stage are important building blocks to a successful outcome in the claimant’s favor.

Marvazy notes that in the case of his firm, there is no ticking clock that can result in rising legal fees. Many firms, including Marvazy’s, adhere to a flat fee for service, with provision for flexibility in the event of financial hardship.

Should a California Unemployment Insurance Denial lawsuit become necessary, your attorney is already well versed on your file, and can proceed with little delay.