California Unemployment Insurance Denials

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.

California 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.

Employees 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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Last updated on Mar-16-16