Legal Question in Employment Law in California

EDD denied a claim. Help with appeal advice.

I have an EDD appeal coming up regarding my claim. I left my job because my fiancee moved to NJ and I moved with him. We are getting married in March 2005. EDD denied my claim saying I did not have good ''good cause'' as per section 1256 of the Unemployment Insurance Code. I did some research on section 1256 of the UI Code and found the following:

From http://www.edd.ca.gov/uibdg/uvq155.htm

Title 22, Section 1256-12 (b), provides:

''Good Cause. A claimant leaves the most recent work with good cause if the claimant has taken reasonable steps to preserve the employment relationship and the claimant left work due to circumstances relating to the claimant's prospective or existing marital status of such a compelling nature as to require the claimant's presence, including any of the following:

(1) The claimant's prospective marriage is imminent and involves a relocation to another area because the claimant's future spouse has established or intends to establish his or her home there, and it is impossible or impractical for the claimant to commute to work from the other area.

If the UI Code says this and I explained this same exact situation to the investigator why was I denied? Also, do you have any advice for my appeal?

Asked on 8/01/04, 11:37 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen
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Re: EDD denied a claim. Help with appeal advice.

Your research is accurate and correct.

Be prepared to provide solid evidence of the circumstances of your fiancee's relocation and your upcomming marriage. If he was transferred, bring some documentation to the hearing regarding the transfer.

You will have an opportunity to review the file if you show up 15 minutes before the hearing. Don't miss this opportunity as you will be able to see what the employer provided so you can better perpare your presentation.

Be prompt, Be attentive and respectful to the Judge (Yes your Honor, No your Honor) and be prepared. If you must examine the employer's witneses, make sure you ask questions - don't make statements

Make a good closing argument as to why your facts fit the 1256-12 regulations.

Good luck

Read more
8/04/04, 6:49 pm

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