Legal Question in Employment Law in California

Facts.

A. After being fired.

B. I filed for unemployment with EDD etc.

C. I received a phone call from EDD asking why was I discharged.

D. In that phone call I explained what happened.

E. I received letter of of determination stating ineligibility, that I was fired for misconduct, or breaking a rule, etc. The letter states I can appeal the decision using their attached form DE 1000M Rev. 8 (5-19)

Questions:

1. With this form is this step where I state my case, show that I was fired for no fault of my own, or, is this a formality to covey a request for an appeal " I disagree with the decision and request a hearing", etc...

Although the facts will stand very well on their own I would like to know what the employer said before demonstrating the facts that show I was not terminated for a fault of my own. How do I request that record and at what pint do I do so, i have til the 23rd (may 2022) to submit this appeal form. I want to do so asap.


Asked on 5/12/22, 8:07 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You need to present your case in writing in the appeal form. That is why it says you can attach additional pages. It is essentially your hearing brief to the administrative law judge who will hear the case. You do not get to see the employer’s initial response to your claim. It would not say much anyway. You will get to see the employer’s response to your appeal form before the hearing. You will then be able to present evidence at the hearing in support of your case and in opposition to whatever the employer says.

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Answered on 5/13/22, 8:36 am


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