If the EDD denies your unemployment claim, you have the right to appeal, and the notice states your deadline. The appeal is heard by an Administrative Law Judge at the California Unemployment Insurance Appeals Board, not by a court. These are the mistakes that most often weaken an appeal.
Refusing Job Opportunities
To qualify for unemployment benefits, you must prove, despite not having a job, that you are looking for a new one. If you’re not looking for a new place to work, you’ll receive an unemployment benefits denial, resulting in a troubling appeal process. Refusing work will also reflect poorly on your case. However, if you’re leading a proactive search for new employment, have the proof ready for your EDD unemployment appeal.
Rushing Your Lawyer Search
Instead of choosing a lawyer who is quick to find or cheap to hire, take your time to find the right match. When you’re searching for a reputable unemployment attorney, look into their years of experience. Ensuring they have a valid license is necessary when looking for any type of attorney. If you don’t know someone who can’t recommend the right attorney for the case, carefully peruse local options online.
Not Being Proactive
Treat the appeal as your main opportunity to put the evidence on the record. After all, you’re going through this process because you feel the denial is wrongful, so you’ll have to work to show that at the hearing, hence the need for an excellent lawyer.
At Pershing Square Law Firm, we can provide you with a collaborative unemployment benefits lawyer. That said, the case depends on your input as much as your lawyer’s. Find a lawyer you can work with, and stay in contact as the appeal progresses.
Not Preparing All the Documents
Analyzing your earnings during your previous job is necessary for determining unemployment qualifications. However, other than the earnings history, documentation regarding your phone number, an ongoing job search, and relevant evidence to the case are all needed, too. When in doubt, consult your lawyer to ensure you have all the necessary documents.
Filing the Appeal Too Late
One of the top mistakes to avoid when appealing EDD unemployment denials is filing too late. Acting quickly matters because there is a fixed window in which you can file. Once an EDD unemployment denial notification reaches your home, you must submit the appeal within 30 days. Although late submissions are possible, don’t rely on that fact; not everyone is eligible for late appeals.
Not everyone is eligible to file a late appeal, so the deadline on the notice is the thing to act on first. Our note on the EDD appeal process sets out each stage, and if you would like help preparing one, our unemployment benefits team can review where you stand.
