California Workers Denied Unemployment Benefits Entitled to Appeal

March 16, 2016, 1:45PM. By Heidi Turner

Los Angeles, CACalifornia workers who have been unfairly denied their unemployment benefits may not realize they are entitled to file an appeal of the denial, and they can obtain legal help in doing so. An appeal can be complicated and requires the claimant to file proper paperwork on strict deadlines. Azad Marvazy, founder and managing partner of Light Law Group, APC, says experienced lawyers who are familiar with the unemployment insurance appeals process increase their clients’ chances of filing a successful appeal and ultimately receiving their California unemployment insurance benefits.

Unemployment insurance is granted to workers who are let go from their employment due to no fault of their own. In other words, the employer has made the decision to terminate the relationship and has not done so due to an employee’s misconduct. Marvazy notes that sometimes, however, employers misrepresent the situation to the Employment Development Department (EDD), making it seem the termination was due to misconduct, or that the employee left his or her job voluntarily, even when that is not the case. If the termination appears to be for misconduct or due to the employee voluntarily leaving the job without good cause, the EDD will not approve the unemployment insurance benefits.

The employer may not always be purposely misrepresenting the termination to be the result of employee misconduct; employers may think the reasons for the termination meet misconduct requirements. But under the unemployment insurance code, precedent benefit decisions and case law, there are specific definitions and rules for determining misconduct.

Once a notice of denial is sent, the former employee has 30 days from its mailing date to file the appeal with the proper paperwork. At this stage, claimants should consider hiring an experienced attorney, because any errors or omissions on the paperwork - or failure to file in a timely manner - can result in the appeal being denied. An attorney can ensure forms are filled out correctly and filed appropriately.

The next step is preparing for a hearing in front of an Administrative Law Judge, who will give employers and claimants a chance to present evidence supporting their respective positions. Preparation for the hearing involves gathering supporting documentation, interviewing witnesses, preparing for cross-examination and researching relevant precedents. Marvazy says experienced attorneys ensure all valid and supportive arguments are prepared and presented at the hearing to ensure clients have the greatest chance of success in recovering unemployment insurance benefits.

At the hearing, there is an opportunity to question the employer and present evidence showing that the termination was not for misconduct and not the employee’s decision. Claimants also have the chance to provide statements, but the process can be intimidating, Marvazy says, and individuals who do not have experience in the insurance appeals process might feel nervous or forget vital information.

Californians who have had their unemployment benefits wrongfully denied are often in a financially vulnerable situation. While they may feel they cannot afford to hire an attorney to protect their rights, Marvazy says this is an important time to speak to a lawyer, who can increase the chances of having the benefits reinstated, helping the client financially in the long term. His firm charges a flat rate that covers all aspects of preparing for a hearing before an Administrative Law Judge, and works with clients who may face financial hardships.

Claimants who have received a notice of denial should contact an experienced attorney, who can make the entire appeals process less stressful and effectively increase the chances of having unemployment insurance benefits confirmed or reinstated. Because there are only 30 days from the date on the letter of denial, it is important to contact an attorney as soon as possible.