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California Unemployment Insurance Denials

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Employees who have had their California unemployment insurance denied are eligible to file an appeal of the denial. Filing an appeal of an unemployment insurance denial, however, can be a complicated process that involves gathering supporting documentation, meeting important deadlines, and researching previous court decisions. An experienced California unemployment appeals attorney understands the process and increases your chances of a successful resolution.

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California Unemployment Appeals Process

unemploymentinsurancedenialsCalifornia law allows employees who have had their employment terminated by their employer for no cause are eligible to file for unemployment insurance. As part of the application process, the Employment Development Department (EDD) considers information from the employee and the employer in determining unemployment insurance eligibility. If they receive information that the employee terminated the employment on his or her own, or if they receive information that the employer terminated the employment for cause—such as if they caught the employee stealing—the California unemployment insurance application will be denied.

There are situations, however, in which an employer may misrepresent the termination of the employment relationship. The employer may fire the employee for no cause but state to the EDD that the termination was for cause, which could result in a claim being denied. Or, the EDD could approve the California unemployment insurance claim but the employer can appeal that decision so their reserve account, which they pay into for unemployment insurance claims, is not charged.

In either situation, the case will be forwarded to an administrative law judge. It is important for claimants to note that they have only 30 days from the date listed on their EDD determination letter to file an appeal. Failure to file the correct forms in a timely manner will result in the appeal being denied.

California Unemployment Appeals Lawyer

unemploymentinsurancedenialscasepage2Employees who wish to appeal their California unemployment insurance denial have the right to be represented by an attorney at the hearing. Preparing supporting evidence for the hearing takes time, so it is important to contact an attorney as soon as the letter of denial is received.

An experienced attorney will help by:

  • Preparing necessary documentation
  • Researching relevant case law
  • Preparing you for questioning by the other side
  • Presenting evidence and witnesses
  • Responding to evidence presented by the employer
  • Questioning and cross-examining witnesses
  • Making closing arguments.


It is vital that all forms are properly filled out and all documents are submitted in a timely manner. An attorney who is experienced in California unemployment appeals understands how the system works and can ensure all documentation is correctly filled out and properly submitted.

The process for filing a claim and preparing for a hearing can be complicated, and being questioned at a hearing can be intimidating and frustrating for people who are not familiar with it. An attorney can increase the chances of winning an appeal by ensuring the claimant is properly prepared for the hearing and effectively arguing the claimant's case.

If you have wrongfully received a denial of unemployment insurance, it is important you contact an attorney immediately to ensure you do not miss any deadlines and lose out on your chance to appeal. If you have had your unemployment insurance approved but your employer is appealing the decision, contact an attorney to ensure you do not have your unemployment insurance terminated.

California Unemployment Insurance Denial Legal Help

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CA UNEMPLOYMENT INSURANCE LEGAL ARTICLES AND INTERVIEWS

Legacy of the California EDD: Quick to Deny, Slow to Appeal
Legacy of the California EDD: Quick to Deny, Slow to Appeal
April 13, 2016
San Bernardino, CA: It’s little wonder that Californians turn to the legal system and a California Unemployment Insurance Denial lawsuit to appeal denied benefits, given the apparent track record of the state Employment Development Department (EDD) as outlined in a damning series of articles two years ago in the Los Angeles Times.
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California Unemployment Appeal Not the End of the Road
California Unemployment Appeal Not the End of the Road
April 1, 2016
Sacramento, CA: Having a California unemployment insurance claim denied can be surprising, especially for workers who feel they meet all the criteria for filing a claim. But sometimes employers misrepresent the reason for terminating employment, leading to an unfair California unemployment insurance denial. In such cases, workers can file a claim to have their case considered by the Employment Development Department (EDD). Although there are tight deadlines that must be met, it can be financially beneficial to speak with an attorney to discuss options.
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Denied California Unemployment Insurance? Call in the Experts…
Denied California Unemployment Insurance? Call in the Experts…
March 25, 2016
Los Angeles, CA: It 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…
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