At the Law Office of Cyrus Mor, our Santa Ana, California unemployment appeal attorney helps employees with the EDD appeal process when they are denied unemployment insurance benefits in California.
Call us today at (949) 783-4148 for a free phone consultation and case evaluation for your unemployment appeal.
If you are a resident of Santa Ana and your unemployment claim was denied by the Employment Development Department (EDD), you only have 30 days to file an appeal. After 30 days has passed, you will need to show good cause for filing late.
Once you are denied, you will receive what’s called a “Notice of Determination” from the EDD. This letter will tell you that you are ineligible to receive your unemployment based on a specific California unemployment code section. Typically, people are denied based on California Unemployment Insurance Code Section 1256.
Our Santa Ana unemployment lawyer has helped numerous clients recover their benefits who were denied based on code section 1256. What does it mean to get denied based on this code section? Section 1256 is primarily concerned with how you’re most recent employment actually ended. The code lays out specific considerations when an individual is denied and files an appeal.
The two primary considerations under this code section are (1) did you quit your job and if so, did you have good cause to do so, and (2) were you discharged by your employer and if so, does the discharge constitute misconduct connected with the work.
If you resigned from your most recent job, on appeal, you will need to present testimony at your hearing to show that you not only had good cause to do so, but that you also preserved your employment relationship. Preserving your employment relationship means that you took all reasonable and necessary steps to remain employed with the company.
You need to show that you did everything you could to make it work prior to resigning. Generally, it is not acceptable to deny ongoing employment if it available to you. For example, if you resigned because you simply did not like you r job or make enough money working there, on appeal the judge’s will likely ask you why you didn’t find another job prior to resigning.
Contact our Santa Ana, California unemployment attorney in Santa Ana to find out whether your can show good cause for your resignation.
On the other hand, if you were discharged by your employer, your employer not you, will have the burden of proving to the judge that your termination was due to your engagement in what’s referred to as misconduct connected with the work.
There are numerous factors and scenarios that can illustrate misconduct. Each employee’s employment history is examined carefully in order to make this determination. Everything from written warnings and reprimands, to performance reviews and separation notices, and written policy from the employer will be considered in this process. Additionally, either party can also provide testimony from witnesses in addition to documentary evidence.
Rather than wondering if you have good facts for an appeal, simply contact our firm and ask us questions about your case. You will be provided with honest and helpful feedback about the process and how we can be of assistance to you.