The Law Office of Cyrus Mor provides EDD appeal representation by our experienced San Francisco unemployment lawyer. We represent residents of San Francisco, California who are denied unemployment benefits by the Employment Development Department (EDD).
Call our firm today at (800) 683-5404 for a free phone consultation and find out if you have good facts for an EDD appeal.
Unfortunately, not everyone has good facts to appeal their unemployment denial. People are typically denied benefits based on code section 1256, which looks at how your most recent employment ended. Code section 1256 is exclusively concerned about how and why the separation from your employer occurred. If you quit, the issue is whether “good cause” exists for your resignation. On the other hand, if you were terminated or discharged by your employer, the issue on appeal will be whether the discharge is sufficient to constitute “misconduct connected with the work”.
The strength of each client’s appeal depends on the facts surrounding the separation. One of the primary considerations on appeal is examining who the “moving party” was related to the separation.
Our San Francisco unemployment attorney will help you understand the process and how it works.
The “moving party” is the party that actually sets forth the chain of events that leads to the end of the employment relationship. As an employee, you always want the employer to be considered the “moving party”. Otherwise, you will be forced to prove that you were not the moving party or if you were, you will need to show that you had good cause to resign.
First and foremost, you should understand that time is of the essence. You only have 30 days from the date listed on your EDD Notice of Determination to file your appeal. After the 30 days has lapsed, you will need to show good cause for an untimely appeal.
Prior to sending in your appeal form, you should seek our firm’s advice to make sure you are not disclosing too much information on your appeal form. This is one of the most common mistakes we see.
Generally, people think that the appeal form should be used to go into details about how the employment ended or why the individual thinks that their claim should be approved. You actually want to do the exact opposite; you basically disclose nothing on the form, focusing on the hearing day itself as the opportunity to go into the details of your facts with the judge.
As a client of the Law Office of Cyrus Mor, our unemployment lawyer in San Francisco, California will work with you directly to help you understand the process and what it takes to succeed at your hearing. Each new client is provided with an in depth case evaluation so that we can assess the strengths and weaknesses of your potential appeal.
If you want to recover your unemployment benefits, then you should approach your appeal in a diligent manner, making sure that you are organized and prepared to testify in a concise manner.
Contact us for additional information on how the Law Office of Cyrus Mor can help your reverse your unemployment denial.