EDD claim denied. Is it recommended to get legal representation at appeal hearing?

Business 4 views 2 answers
Terminated for cause after 10 years (accessing confidential information). Information accessed from public drive on network ... all employees can access. Just curious no other reason. No personal gain to see this information. No warning, no corrective action. Excellent performance reviews. A sweep of my PC was done to report that I accessed files. Could this be entrapment? All company information is confidential. How do you differentiate between levels of confidentiality? My job description states "discretion with confidential information." Did not discuss information with anyone. This is a very condensed version of what was going on. Thank you.

Attorney Answers

2
Marilynnmika Spencer ·
If you can afford an attorney, then by all means you should have one. See additional info on this below. If you have not already done sol, you MUST file your appeal within 20 days of the date stated in that letter. Do not miss the deadline. In the appeal, make a brief statement just one or two lines long saying why you believe the denial was incorrect. Save your detailed argument and evidence for the hearing. Examples: “The company is wrong when it says I didn’t call in advance to report my absence. I called in and left a message on my boss’ answering machine at 7:38 a.m. saying I was in the emergency room.” “I did not voluntarily quit. My boss yelled at me in front of everyone and I was embarrassed, so I ran to the restroom until I calmed down. When I came back ten minutes later, the boss said I had walked off the job.” “I did the best I could but the company was not satisfied. My unsatisfactory performance was not intentional. I wanted to keep my job.” In a few weeks, you will receive a notice of an appeals hearing with the date, time and location. At the hearing, be prepared with as much evidence as possible (cell phone record showing the 7:38 a.m. call, witnesses who overheard the boss yelling, etc.). You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website. Home page http://www.edd.ca.gov/Unemployment/ Eligibility requirements http://www.edd.ca.gov/unemployment/Eligibility.htm Summaries of the law (Benefit Determination Guide) http://www.edd.ca.gov/UIBDG/ Appeals http://www.edd.ca.gov/Unemployment/FAQ_-_Appeals.htm Precedent Decisions (law the administrative law judges rely on) http://www.cuiab.ca.gov/precedent_decisions.shtm Frequently asked questions http://www.edd.ca.gov/unemployment/FAQs.htm Filing a claim for unemployment benefits http://www.edd.ca.gov/unemployment/Filing_a_Claim.htm You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you at the hearing. For training, expect the attorney to need approximately three hours. For representation at the hearing, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file, and there is a possibility you will have to wait past your hearing time if the previous case has not finished. Generally, as of 2012, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on years of experience, geographic location, attorney availability, attorney interest in the case, complexity of the matter, and more. To find a plaintiffs employment attorney in California, visit the California Employment Lawyers Association (CELA) at www.cela.org. CELA is the largest and most influential bar association in the state for attorneys representing working people. You can search for attorneys by location and practice area. Marilynn Mika Spencer San Diego, CA
0 upvotes
Pius Joseph ·
It is unclear the reason for accessing information,your position of trust and any company policies that may have been violated.If there is a finding of misconduct that is good cause for termination you may be ineligible for EDD benefits. Since your facts are unclear although you do not need an attorney at this type of a hearing,you may want to at least consult,or even better have a counsel present at the hearing.
0 upvotes

People Also Asked